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(영문) 인천지방법원 2019.02.15 2018고단9266
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On December 9, 2018, the Defendant: (a) purchased Metephopopon (hereinafter “Lonopon”); (b) on December 9, 2018, on the DK 7 vehicles parked on the front door of “C” located in Michuhol-gu Incheon, Michuhol-gu, Incheon; (c) on December 9, 2018, 90,000 won in cash to E; (d) around 15:30,000,000 won in cash; and (e) on the same day, the Defendant was found to have a vinyl b.5g of phiopon from E in the guest room located in the Jung-gu, Incheon, Jung-gu, Incheon.

2. On December 9, 2018, the Defendant, on December 22 and 22:00 of the Defendant’s residence in the Michuhol-gu Incheon Metropolitan City H building I, put approximately 0.03g of phiphonephone into a one-time injection machine, melting as water, and melting into the Defendant’s arms.

3. On December 10, 2018, the Defendant provided phiphones to E free of charge, around 11:00 on December 10, 2018, the Defendant: (a) divers for a disposable divers, which included the volume of phiphones in front of the location of the K Bank located in the Michuhol-gu Incheon, Michuhol-gu, Incheon.

4. On December 10, 2018, the Defendant administered philophones on December 10, 2018: around 19:00 on December 10, 2018, put approximately 0.03g of philophones into a single-use injection machine at the above Defendant’s residence; and melting them into the Defendant’s arms.

5. On December 11, 2018, the Defendant, holding a philophone on December 11, 2018, kept and possessed a vinyl bags containing approximately 1.96 grams at the Incheon Michuhol-gu L Team Office of the Incheon Michuhol Police Station L Team located in Michuhol-gu Incheon, Michuhol-gu, Incheon, on December 11, 2018.

Accordingly, even if the Defendant was not a person handling narcotics, he traded, administered, provided, or possessed psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. The police seizure record and the list of seizure;

1. Written appraisal of narcotics;

1. Photographss of account transactions, photographs of injections or receipts, and details of telephone calls;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. on Criminal Facts and the Selection of Punishment therefor;

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