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(영문) 인천지방법원 2015.03.18 2015고단514
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 15:00 as of June 6, 2014, the Defendant issued approximately 0.03 g of Mesophical drugs (one philopopon; hereinafter “philopon”) to D’s Ecamblopon in Jung-gu Incheon Metropolitan City, Jung-gu.

2. On July 16, 2014, at around 14:00, the Defendant cut off KRW 50,000 from D in front of the Defendant’s house located in Seo-gu Incheon, Seo-gu, Incheon, and sold approximately 0.03 g of philopon to D by putting about 0.03 g of philopon into flopon.

3. On December 11, 2014, at around 22:50, the Defendant: (a) opened up approximately 0.03 ghopon from the Defendant’s house located in the Seo-gu Incheon Western, Seo-gu, Incheon, to D; (b) purchased KRW 100,000 from D at the same place on December 12, 2014 and sold hopon at the same time.

4. On January 4, 2015, at around 22:30, the Defendant: (a) opened a penphone of approximately 0.35g from the Defendant’s house located in Seo-gu F, Seo-gu, to D; and (b) sold a penphone of KRW 200,000 from D at the same place on January 4, 2015 at around 23:10.

5. On January 8, 2015, at around 16:00, the Defendant issued to D approximately 0.03 g of philopon on the front side of the Defendant’s house located in Seo-gu Incheon, Seo-gu, Incheon.

6. At around 10:00 on January 15, 2015, the Defendant administered philophones by means of injecting approximately 0.03g of philophones from the Defendant’s house located in Seo-gu Incheon, Seo-gu, Incheon to the Defendant’s arms.

7. At around 10:00 on January 20, 2015, the Defendant carried a philopon by keeping a philopon in the manner of keeping a single philopon in a room located in a small room located in the Defendant’s house located in Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Seizure records;

1. Copy of each request for appraisal; and

1. Application of Acts and subordinate statutes to a criminal investigation report (to verify the market price of a domain cancer and to calculate an additional collection charge);

1. Article 60(1)2, Article 4(1), and subparagraph 3 of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts;

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