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(영문) 인천지방법원 2016.04.15 2016고합123

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant: (a) around July 14, 2015, around the o’clock of D Park in Dong-gu Incheon Metropolitan City, sent approximately KRW 0.5 grams for a single-use injection machine containing approximately 0.05 grams of merpters (one name “copon”; hereinafter “copon”); and (b) paid KRW 100,000 in cash from E in return.

2. The Defendant: (a) on July 22, 2015, at the location described in paragraph (1) at the same time, 200, 200,000 won in cash from E in cash, for a single divers for the first time containing approximately 0.05 grams from the said E at the location described in paragraph (1).

Accordingly, even if the Defendant is not a narcotics handler, he traded philophones and marijuana, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of the police suspect examination protocol regarding E;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to the judgment of a witness, etc., the protocol of interrogation of a witness E by the prosecution, the indictment attached thereto, and additional charges);

1. Article 59 (1) 7, Article 3 subparagraph 7 (a) of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts, Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the same Act on the Control of Narcotics, etc. (the point of sale of philopon) concerning the Criminal Facts;

1. Crimes under Articles 40 and 50 of the Criminal Act (limited to offenses of violation of the Act on the Control of Narcotics, etc. by Handphones Trading, offenses of violation of the Act on the Control of Narcotics, etc. by Trading Handphones, offenses of violation of the Act on the Control of Narcotics, etc. by Trading Cannabiss, offenses of violation of the Act on the Control of Narcotics, etc. by Trading Cannabiss with heavy punishment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the amount to be collected in addition to 300,000 won (the trade amount of penphones and marijuana).