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(영문) 인천지방법원 2017.03.23 2017고단773

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

400,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[criminal history] On October 30, 2013, the Defendant was sentenced to ten months of imprisonment by the Incheon District Court due to a violation of the Narcotics Control Act (competence), etc., and completed the enforcement of the said sentence on February 19, 2014 at the Incheon Detention Center.

[Criminal facts]

1. Medication of a champopon (one philogramopon; hereinafter referred to as "philoopon");

A. On December 5, 2016, at around 17:00, the Defendant put approximately 0.07 gramphones in a single-use injection machine at the Defendant’s residence located in Yeonsu-gu Incheon Metropolitan City C 303, and recorded them with water, and injected into the Defendant’s arms.

B. On December 12, 2016, the Defendant, at around 15:00, put approximately 0.07 grams in a single-use injection machine in the above Defendant’s residence, melted with water, and injected into the Defendant’s arms.

(c)

On January 13, 2017, around 18:00, the Defendant added approximately 0.1g of philopon in a single-use telephone in the influent telecom room near the influent telecom, and melted with water, and injected into the Defendant’s arms.

(d)

On January 20, 2017, at around 21:00, the Defendant injected approximately 0.1g of philopon into a single-use cell, in a single-use shopping mall located in the Namdong-gu Incheon Metropolitan City, Nam-gu, and melted with water, and then injected into the Defendant’s arms.

Accordingly, even if the Defendant is not a narcotics handler, he administered 0.34g total 0.34gs, which is a local mental medicine, four times.

2. From January 13, 2017 to 13:50 on the same month from January 23, 2017, the Defendant: (a) purchased 0.5g of philophones from his name in a transparent blank space; (b) stored approximately 0.05g of philophones in a one-time injection machine; and (c) stored 0.05g of philophones in his clothes.

Accordingly, even if the Defendant is not a narcotics handler, he had approximately 0.5 g of philophones, a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A photographic data;

1. Each protocol of seizure and each list of seizure;

1. Written response to a request for appraisal, each narcotics appraisal report, and investigation report (the suspect's cellphone photograph);

1. One copy of a philophone photograph voluntarily submitted by the person under consideration.