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(영문) 인천지방법원 2017.01.12 2016고단7645
마약류관리에관한법률위반(향정)
Text

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

540,000 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

The Defendant, who is not a person dealing with narcotics, was not a person dealing with narcotics, but did not deal with clophophones (one philophone, hereinafter referred to as philophones), but traded and administered philophones as follows.

1. On January 28, 2016, the Defendant, at around 14:02, intended to purchase a 0.2 gram of smartphone from a person who is not his/her name, from a person who is not his/her name, and transferred KRW 390,000 to the national bank account (F) in the name of E, but thereafter, failed to communicate by the person who was not his/her name after the transfer of KRW 390,00 to the account of the national bank in the name of E.

2. On August 6, 2016, the Defendant, at around 13:00, intended to purchase approximately 0.03 g of smartphone from a person without his/her name, and deposited KRW 150,000 into the numberless account designated by him/her, with the deposit of KRW 150,00 in the passbook without the passbook. At around 14:0 of the same day as the above name in the order of a person with no name, the Defendant purchased a phiphone by finding approximately 0.03 g of the philopon (4 g of the philopon which is contained in the first in the I Station located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, around 14:0 on the same day.

3. On August 6, 2016, around 21:00, the Defendant administered opon-phones by inserting approximately 0.015g of opon-phones purchased as set forth in paragraph 2 in the cans and coffees (round 2 cans of copon-phones that are small for one-time injection) at K station located in Songpa-gu Seoul Metropolitan GovernmentJ.

4. On August 8, 2016, around 19:00, the Defendant administered phiphones by inserting approximately 0.015 gramphones remaining after being administered in a single-use 3 at the trade in the Songpa-gu Seoul Metropolitan locked-dong, and in a way of injecting them into the arms after being melted with water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Protocols of seizure, list of seizure, photograph of a single d hocr, and replys to the results of appraisal;

1. Investigative report (calculated additionally charge), price of narcotics traded;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 60 (3) and Article 60 (1) 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, and Article 60 (1) 2 of the same Act;

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