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(영문) 인천지방법원 2019.06.21 2018고단7793
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

1. Around 17:04 on January 10, 2018, the Defendant: (a) transferred cash amounting to KRW 3.50,000 to the C bank account (Account Number: E) in which the C Bank DF Center located in Bupyeong-gu Incheon Metropolitan City (hereinafter “CF Center”); and (b) received a photograph taken from the above sales book to the cell phone by photographing the place where the opon was concealed; (c) around that time, the Defendant received 0.5g of the opon, which contained the opon in the opon box on the rooftop.

2. Medication of phiphones.

A. On February 26, 2018, at around 02:00, the Defendant parked in the Gdong parking lot of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, for one-time use of approximately 0.05g philopon in HWz vehicles, and melted the philopon into the Defendant’s arms.

B. On March 13, 2018, at around 21:00, the Defendant inserted approximately 0.05g opphones from the Defendant’s residence toilet located in Bupyeong-gu Incheon Metropolitan City F building I into a single-use injection machine, recorded opphones into water, and injected them into the Defendant’s arms.

Accordingly, even if the defendant is not a person handling narcotics, he traded and administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. As to the warrant of seizure and reply, suspects ctv photographs in banks;

1. A narcotics appraisal statement and A narcotics appraisal statement;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) ( point of purchase and medication) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of recommendations according to the sentencing criteria;

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