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(영문) 대전지방법원 2016.10.26 2016고단2776

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On May 19, 2015, the Defendant was sentenced to one year by the Changwon District Court for a violation of the Act on the Control of Narcotics, Etc., and was not a narcotics handler on March 23, 2016.

1. On July 27, 2016, the Defendant: (a) received a request for the purchase of psychotropic drugs from E in front of D in Sacheon-si, Sacheon-si, for the purchase of psychotropic drugs from F; (b) “after Daejeon, 300,000 won was paid to G in the name of the purchase price of the philopon; (c) received approximately 0.7 grams from the said G; and (d) delivered approximately 0.7 grams of the philopon to the said F; and (e) issued approximately 0.7 grams of the philopon to the said F, around that time, the F sent approximately 0.7 grams of the philopon to the said E.

Accordingly, the Defendant conspiredd with F to arrange the trade of phiphones between G and E.

2. On August 17, 2016, the Defendant purchased approximately 0.3 grams from G to 100,000 won and traded philopon in the vicinity of the house located in Jinju-si.

3. Medication of phiphones.

A. At around 02:00 on August 17, 2016, the Defendant, at the Defendant’s home of Sacheon-si H 201, h. 201, injected a phiphone in a single-use injection machine containing approximately 0.15g philopon, and injected the philop by means of injecting it into beer.

B. At around 05:00 on August 17, 2016, the Defendant administered approximately 0.15 grams in the foregoing manner at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of interrogation of police officers regarding E or F;

1. Seizure records;

1. A written request for appraisal;

1. Report on investigation (report on the calculation of additional collection charges);

1. Previous records: Application of inquiry results and investigation reports (report on confirmation of repeated offenses against A) Acts and subordinate statutes;

1. Article 1 of the Act on the Management of Narcotics, etc. by Which criminal facts are applicable and punishment is selected;