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(영문) 인천지방법원 2018.01.25 2017고단7146
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for one year.

However, each of the above punishments shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On May 12, 2017, at around 23:00, the Defendant injected approximately 0.07 grams of Mepta (one philopon; hereinafter “philopon”) at the Defendant’s residence located in Bupyeong-gu, Incheon, Incheon, in a single-use injection machine, and melted the Defendant’s arms with water.

B. On May 13, 2017, around 19:30, the Defendant inserted approximately 0.035g of philopon into a single-use injection machine at the above Defendant’s residence, melting in water, and injected in the Defendant’s arms.

Accordingly, even if the Defendant is not a narcotics handler, he administered philophones, which are a local mental medicine, twice.

2. Defendant B

A. On May 12, 2017, the Defendant, at around 22:13, 2017, found approximately 0.07 grams of philophones in front of H in Bupyeong-gu Incheon Metropolitan City from I for a single-use divers from I, and paid 70,000 won in cash to I in return.

B. On May 13, 2017, at around 17:00, the Defendant laid off approximately 0.07 gramlopon in the south-gu, Incheon Metropolitan City from I to I for a single-use use, and paid KRW 70,000 in cash to I for the consideration. At around 19:30 on the same day, the Defendant, purchased approximately 0.035 g of the lopon, from among the lopon purchased at the Defendant’s residence located in the Incheon Bupyeong-gu F201, was put into a single-use lopon, melted with water, and then injected to the Defendant’s arms.

(c)

On May 15, 2017, the Defendant, at around 00:58, 190 won in cash, 190,000 won in cash to I in front of a ridge located in the Bupyeong-gu Incheon Bupyeong-gu J, Incheon.

Accordingly, even if the Defendant is not a narcotics handler, he traded philophones, which are a local mental medicine, three times, and administered once.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocols of seizure, respective protocol of seizure and list of seizure;

1. The details of each request for appraisal, B mobile phone calls;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. as well as the Selection of Punishment for Crimes;

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