beta
(영문) 인천지방법원 2018.11.30 2018고단7195

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence referred to in subparagraphs 3 through 6 shall be confiscated.

The defendant 20,000.

Reasons

Punishment of the crime

[criminal history] On December 21, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (compact) at the Incheon District Court on September 1, 2018 and completed the execution of the sentence.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. The Defendant: (a) around October 1, 2018, around Bupyeong-gu, Incheon; (b) was delivered, without compensation, the unexploited number of the name unexploited persons (one philopon; hereinafter “philopon”), which were known to the Defendant while living in a detention house before the wedding Party C located in Bupyeong-gu, Incheon; and (c) received the unexploited amount of the Melopic clopty (one philopon; hereinafter “philopon”).

2. On October 2, 2018, at around 23:30, the Defendant administered phiphones by inserting approximately 0.05g of phiphones received from the 1st floor toilet of the commercial building located in Bupyeong-gu Incheon Metropolitan City, as seen above, into water in a single-use injection instrument, and administering phiphones in a way of injecting them into the bloodline.

3. On October 3, 2018, at around 00:10, the Defendant administered phiphones by inserting approximately 0.05g of phiphones received from the toilet of the first floor of a commercial building, which is the above place, into water, in a way of dilution with water and injecting them into the blood body.

4. On October 3, 2018, around 00:15, the Defendant carried a phiphone in a manner that puts two disposable divers containing approximately 0.16 g of phiphones from the toilet of the first floor of the commercial building, which is the foregoing place, and two philophones containing approximately 0.4ml of melting liquid bitphones into a melting machine, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on seizure (2) and each narcotics appraisal report;

1. A report on investigation (Attachment of photographs) and a report on investigation (calculated additionally);

1. Previous convictions in judgment: Inquiry about criminal history, current status of personal confinement and application of Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Management of Narcotics, Etc. 3 (the point of receipt, medication, and possession of phiphonephones), respectively, concerning facts constituting an offense;