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(영문) 인천지방법원 2016.11.24 2016고단7060
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

50,000 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

[B] On January 8, 2014, the Defendant was sentenced to two years and four months of imprisonment for violation of the Act on the Control of Narcotics, Etc. at the Daejeon District Court on January 8, 2014, and completed the execution of the sentence in the Southern Prison on October 3, 2015, and was not a person handling narcotics, and thus is not a person handling narcotics, the Defendant did not deal with psychotropic drugs, but traded, received, or administered phiphones as follows.

【Criminal Facts】

1. On July 16, 2016, the Defendant: (a) transferred KRW 300,000 from the community credit cooperatives in Gyeyang-dong, Incheon, to the post office account (D) in the name of C for the purchase of phiphones; and (b) purchased phiphones by the method of receiving the boxes containing approximately 0.7g gramphones sent by the said C to the express bus luggage at around 20:00 on the same day; and (c) around 20:00 on the same day, the Defendant purchased phiphones by receiving the boxes containing approximately 0.7g gramphones that the said C sent to the express bus baggage.

2. At around 19:00 on July 17, 2016, the Defendant administered chophones in a way of drinking approximately 0.05g of chophones purchased in coffee, such as paragraph 1, at the inside of the Incheon Gyeyang-gu G apartment, 207 Dong 311.

3. At around 20:00 on August 10, 2016, the Defendant received chophones by receiving boxes containing approximately 0.1 g of plasticphones, which were sent by the said C in high-speed bus baggage.

4. On September 10, 2016, the Defendant administered chophones at the first floor toilets located in Bupyeong-gu Incheon Metropolitan Government, Incheon, using 0.05g of chophones received in coffee, such as paragraph 3.

5. On October 9, 2016, at the residence of the Defendant, the Defendant administered phiphonephones in a way that 0.05 grams remaining after being administered in a coffee, as in the preceding paragraph, at the residence of the said Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each protocol and list of seizure;

1. Each investigation report, details of deposit transactions, and each statement on narcotics appraisal;

1. Ascertainment of the current market price of the Mepta, the investigation report.

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