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(영문) 인천지방법원 2017.05.12 2017고단1606
마약류관리에관한법률위반(향정)
Text

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

700,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

1. Sale and purchase of, and receipt and delivery of, Metectopphones (one philopopon; hereinafter referred to as “philopon”);

A. From January 9, 2017 to around the 19th day of the same month, the Defendant: (a) opened up approximately 0.7 grams of philopon from D located in Nam-gu Incheon Metropolitan City, Seoul to the account in the name of F used by E around January 31, 2017; and (b) transferred KRW 400,000 to the account in the name of F used by E.

B. On January 25, 2017, the Defendant, at H located in Nam-gu Incheon Metropolitan City G around 20:0, 000, 0.21g of philophonephones in H, one-time, and 20,000 won from I in return.

(c)

The Defendant: (a) around January 29, 2017, the Defendant: (b) took 2 a one-time injection machines containing approximately 0.28 grams of oponon from the vicinity of the Defendant, and (c) received, as a consideration, KRW 400,00 from I to the account in the name of J used by the Defendant on January 31, 2017.

(d)

On February 12, 2017, at around 21:43, the Defendant received 0.07 grams from E, from L hotel rooms located in Nam-gu Incheon Metropolitan City, for a single-use clock, approximately 0.07 grams.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and sold philophones, a local mental medicine, three times, and received and sold them once.

2. On February 14, 2017, at around 14:00, the Defendant dices approximately 0.07 grams from the toilets of the mutual influent building in the Nam-gu Incheon Southern-gu MU to a coffee.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. A statement on narcotics appraisal (netly 23);

1. On-site photographs (time 7), records of seizure, list of seized articles, and photographs of seized articles;

1. The details of passbook transactions (14) , data on communication confirmation replies, details of entry and departure transactions (23) , investigation reports (E family relations, etc.);

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

1. Article 60 of the Act on the Management of Narcotics, etc., for which relevant criminal facts and the choice of punishment are applicable;

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