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(영문) 인천지방법원 2016.05.27 2016고단1629
마약류관리에관한법률위반(향정)등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and ten months, and by imprisonment with prison labor for a period of four months.

430,000 won from the Defendants.

Reasons

Punishment of the crime

On July 16, 2014, Defendant B was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act in the Hongsung Branch of the Daejeon District Court on February 11, 2015, and completed the execution of punishment on November 27, 2015. On November 27, 2015, Defendant B was sentenced to imprisonment with prison labor for the same crime and was dismissed on April 7, 2016, and the judgment became final and conclusive around that time.

Defendant

On February 5, 2015, A was sentenced to 10 months of imprisonment for a violation of the Narcotics Control Act in the Daejeon District Court on February 5, 2015, and the execution of sentence was terminated on February 11, 2015.

Criminal facts

1. On May 7, 2015, Defendant B received 430,000 won in cash, upon receipt of a request from A to seek Metepha (one name, "philopopon"; hereinafter referred to as "philopon") a part of Melopon, which is a local mental medicine.

The Defendant immediately transferred KRW 430,00 to F, who was aware of the fact through E, and received a disposable injection device with approximately 0.7g of philopon, which was sent by F, from H located in Nam-dong, Nam-dong, Nam-dong, Nam-gu, Seoul, to the volume of bus freight, and then set a place where the philopon will be sent to F, who is a philopon seller, for more than two to three hours.

The Defendant, at around 20:00 on the same day, sent a disposable injection with approximately 0.5g of 0.2 gramopon, excluding 0.2 gramopon, to A in his own share of the Defendant, on the roads adjacent to J hotel I in Seo-gu, Seocheon-gu, Seocheon-gu.

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

2. Defendant A

A. The Defendant violated the Act on the Control of Narcotics, Etc. (fluence) paid 430,000 won of philopon to B at the above date, place, and purchased and sold philopon, which is a philopon, even though he was not a narcotics handler, with a single injection machine containing 0.5g philopon.

B. After the Defendant was detained on suspicion of B, such as the purchase and sale of phiphones, the Defendant made transactions of phiphones with the Defendant to the prosecution.

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