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(영문) 인천지방법원 부천지원 2019.01.31 2018고단3241
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

90,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

No person, other than a person handling narcotics, shall sell or administer a psychotropic drug camblopon (one philopon, hereinafter referred to as "philopon").

1. On December 7, 2012, the Defendant: (a) had been willing to purchase phiphones from C along with B; (b) had paid KRW 900,000 to C under the name of the purchase price for phiphones in the front of the “E Hospital” located in the Nam-gu Incheon Metropolitan City, Nam-gu; and (c) had approximately KRW 1g of phiphones, which were carried out in a single-use injection from C; and (d) around that time, the Defendant putting approximately 0.5g of phiphones in the vehicle located in B parked in front of the “E Hospital”, which was dried to B.

Accordingly, the Defendant conspired with B to sell philophones.

2. At around 23:00 on November 14, 2018, the Defendant administered phiphones by inserting approximately 0.1g of philopon into a single-use engine in the Defendant’s log car parked in the vicinity of the F apartment located in Nam-gu Incheon Metropolitan City, and dilution it with a biochemical water and injection into the arms.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (a report on the confirmation of details of cell phone calls and telephone calls with a suspect), a report on investigation (a confirmation of the results of a suspect's diagnosis) and a report on investigation (a report on the calculation of an additional collection charge);

1. Seizure records;

1. A narcotics appraisal statement;

1. A copy of each police interrogation protocol concerning B and G;

1. Application of the Acts and subordinate statutes on a copy of the account transaction between the new bank and the new bank;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc., Articles 60 (1) 2 and 4 (1) 1 of the Act on the Control of Narcotics, etc., the selection of imprisonment for each

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. The order of provisional payment;

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