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(영문) 인천지방법원 2019.03.22 2019고단360

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

480,000 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

1. On October 2017, the Defendant: (a) purchased Mebacopon (one philopon; hereinafter “philopon”); (b) purchased Mecopon around October 2017, the Defendant stopped in front of the Incheon Michuhol-gu C convenience store near the Michuhol-gu Incheon Metropolitan City, and (c) 0.8g of the philopon, which was 0.8g from D in the vehicle of the Defendant’s operation, b.50 million won in cash.

2. In October 2017, the Defendant: (a) paid KRW 300,000 of the penphone to D around the end of October 2017; and (b) received approximately 0.8g of the penphone from D, which was contained in D, from the street outside of the residence of Yeonsu-gu Incheon Metropolitan City E.

3. In December 2018, the Defendant, who administered a scopon, scopon in a single-use injection machine, putting approximately 0.05g of copon into a single-use injection machine at the Defendant’s residence located in Michuhol-gu Incheon, Michuhol-gu, in December 2018, and copon into the Defendant’s arms.

Accordingly, even if the defendant is not a person handling narcotics, he purchased and administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of suspect regarding D by the prosecution;

1. Statement by the prosecution concerning D;

1. Investigation report (execution by re-execution of a warrant of search and seizure, salvine and hair seizure), seal at the time of a simple salvine examination, seizure records, written request for appraisal, report on the results of preliminary tests on narcotics (A salvines and phiphones training);

1. One copy of the investigation report (the analysis of the details of telephone calls), D, G, integrated telephone calls for A used mobile phones, investigation reports (specifics on suspect's cell phones and identification of subscriber's identity), one copy of the storage records of H from among D mobile phone forensic data, and one copy of the subscriber's personal information;

1. Application of Acts and subordinate statutes 1 to a report on investigation (calculated of a surcharge), table of price of narcotics transaction (the monthly trend of narcotics, etc. on November 2018);

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 of the Act on the Management of Narcotics, Etc. for which relevant criminal facts and the Selection of Punishment are applicable;