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(영문) 인천지방법원 2021.02.04 2020고단11068
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled Metepha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On May 2020, the Defendant received Rophonephones from a police officer on May 1, 2020, at the house of a person without a name (so-called “C”) in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul) around May 1, 2020, and received approximately 0.1g of the phone-phones from the above person without compensation.

Accordingly, the defendant accepted philophones.

2. On May 2020, the Defendant 1, 2020: (a) laid the philophones received at the same time and place as the above paragraph 1; and (b) laid the philophones received as described in paragraph 1 on the front day; (c) laid the bottom into the water through a prompt counter connected to the water flow; and (d) inhaled the water as soon as possible as possible, as linked to the water.

Accordingly, the Defendant administered philophones.

3. 2020. 11. 20. 필로폰 매수 피고인은 2020. 11. 20. 경 D, 성명 불상자( 일명 ‘C’) 와 함께 필로폰을 구매하기로 하고, 성명 불상자( 일명 ‘C’) 는 필로폰 판매상을 물색하고, D은 물색한 판매상에게 위 챗 페이로 필로폰 대금을 송금하고, 피고인은 같은 날 11:12 경 서울 영등포구 E에 있는 ‘F’ 앞 노상 주황색 벤치에서 필로폰 판매상이 위 벤치 밑에 일명 ‘ 던지기 수법 ’으로 숨겨 둔 필로폰 약 3.06그램을 가지고 왔다.

Accordingly, the Defendant purchased a philopon in collusion with D or a person without a name (C).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (the background of the arrest of the suspect and the seizure of phiphones);

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

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of an additional collection charge);

1. Article 60(1)2 of the Act on the Management of Narcotics, etc., for the crime, and Article 4(1)1 of the Act on the Management of Narcotics, etc., for the Selection of Crimes, and Article 2 subparag. 3 of the same Act.

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