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(영문) 인천지방법원 2016.08.26 2016고단2726
마약류관리에관한법률위반(향정)
Text

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

20,000 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

On June 26, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on one year and six months, and completed the execution of the sentence on November 7, 2015.

around 00:00 on May 10, 2016, Defendant 2726 added approximately 0.05g of Meptiles (i.e., one philopon) in the Defendant’s home toilets located in Nam-gu Incheon Metropolitan City C 401, into a single-use injection machine, and melted them with water, and administered them for their own arms.

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

2016 Highest 4274

1. On February 2016, the Defendant, along with D, intended to purchase phiphones from E with D, and the Defendant wired KRW 800,000 to E’s designated account, and D attempted to purchase phiphones by receiving approximately 4.6g gramphones from the guest room located in the Gunsan City F, but failed to receive phiphones on the wind that seize phiphones to the police.

Accordingly, the Defendant conspiredd with D to purchase philophones, thereby having attempted to purchase philophones.

2. On May 6, 2016, the Defendant received philophones in front of the I funeral hall located in Yeonsu-gu Incheon Metropolitan City H on May 6, 2016, and received philophones in a way that 0.03g of philophones contained in D in a one-time injection machine.

Summary of Evidence

2016 Highest 2726

1. Statement by the defendant in court;

1. A written appraisal of each drug;

1. Investigation report (verification of the market price of mert cancer and calculation of additional collection charges) 2016 highest 4274;

1. Statement by the defendant in court;

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

1. Statement made by the police to J;

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

1. A statement on narcotics appraisal;

1. Previous convictions in a report on investigation (calculated of a surcharge): Inquiry about criminal history, application of Acts and subordinate statutes concerning personal identification and acceptance status;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. for Criminal Fact-finding and Selection of Punishment, and Narcotics, etc.;

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