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(영문) 인천지방법원 2014.08.13 2014고단4039
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On April 13, 2014, at around 15:00 on April 13, 2014, the Defendant: (a) received two injection equipment with psychotropic drugs purchase price of KRW 200,00 and approximately 0.1g of opon; (b) received two disbursement equipment from D; (c) one of them purchased from the Defendant; and (d) delivered from the street in the vicinity of the same literature tunnel around 15:30 on the same day, the remainder of the injection equipment was delivered from E to E and mediated to trade opon between E and E after receiving KRW 10,000 from E.

Accordingly, the defendant purchased 0.1g opon from D and arranged to trade 0.1g opon between D and E.

2. On April 13, 2014, the Defendant, at around 15:10 on April 13, 2014, administered 0.05 gramopon, purchased from D, in the Defendant’s residence of Yeonsu-gu Incheon Metropolitan City CHousing B04, in a way that the Defendant injecteds approximately 0.05 gramopon, which was purchased from D, with a single-use injection device, into the Defendant’s blood transfusion using the single-use injection device.

3. On June 9, 2014, the Defendant administered approximately 0.05 grams of philophones purchased from D in the Defendant’s residence at around 22:00 on June 9, 2014, in the foregoing manner, around 0.1g of philophones purchased from D, as above.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. Statement to E by the police;

1. Response to the request for appraisal;

1. An explanatory invoice and a explanatory invoice;

1. Application of Acts and subordinate statutes to a investigation report (related to the claim for a surcharge and collection preservation order);

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of transaction, arrangement, or medication of philopon) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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