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(영문) 인천지방법원 2017.09.07 2017고단5501
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. From June 17, 2017

6. Medication on August 18, 198 (one philogramopon; hereinafter referred to as “philoopon”). Medications.

A. On June 17, 2017, the Defendant: (a) taken out one gram of philophonephones located in the transparent margin from a person who was unable to use his/her name in his/her residence in Ansan-si C201; and (b) paid 400,000 won in cash to the person who was unable to use his/her name in return.

B. On June 17, 2017, at around 22:00, the Defendant administered approximately 0.3g of the penphonephones purchased as above in the dwelling of the person without the above name, in a manner that inhales as soon as possible the smoke emitted by burning them by heating them into a alzinum aluminium, and affixing the following seals.

6. 18. 01 01:00 Medications approximately 0.3 gramphonephones in the same manner as above at the same place;

6. 18. 03:00 Mephonephones were administered in the same manner as above at the same place.

Accordingly, even if the defendant is not a narcotics handler, he purchased a penphone, which is a local mental medicine, and administered three times.

2. On July 13, 2017, the Defendant: (a) decided on July 13, 2017 to purchase a penphone from the sales book of his/her nameless penphone via smartphone-type D, around 18:00 on July 13, 2017; (b) transferred the said pen-type sales book to E-ro 2,200 (Korean approximately KRW 360,000) on the same day; and (c) received approximately 1.22 grams of the pen-phone in the public telephone room located near Yeongdeungpo-gu Seoul Metropolitan Government on the same day from around 20:25 on the same day.

Accordingly, even if the defendant is not a narcotics handler, he purchased a penphone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A response to a request for appraisal, and a written appraisal of narcotics;

1. Data for attaching digital culture;

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

1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts are applicable and for which punishment is selected, respectively;

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