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(영문) 인천지방법원 2020.05.15 2020고단1265
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor 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

Defendant is not a narcotics handler.

1. On April 18, 2018, the Defendant transferred KRW 200,000 to B’s account (Account Number D) in the name of B on April 13, 2018, and then purchased Handphones by means of delivering approximately 0.2 g of psychotropic drugs from B at the nearby E parking lot in the original city of Nowon-si.

2. On April 21, 2018, at around 19:00, the Defendant administered phiphonephones by inserting approximately 0.2g of philophones purchased, as described in paragraph (1), in the Defendant’s residence of Bupyeong-gu Incheon Bupyeong-gu apartment G, Incheon, into a single-use injection machine, and dilution with water, and dilution them into his/her her surphones.

3. On February 2, 2019, the Defendant transferred KRW 200,000 to the H Bank account (Account Number I) in the name of H Bank B on February 2, 2019. On February 4, 2019, the Defendant purchased philopon by means of receiving approximately 0.1g of philopon from B at the residence of Haju-si J Apartment apartment B on February 4, 2019.

4. On February 7, 2019, at around 19:00, the Defendant administered phiphones by inserting approximately 0.05g of phiphones purchased at the Defendant’s above residence as described in paragraph (3) into a single-use injection machine, dilution with water, and dilution them into his/her lux bloodline.

5. Around May 2019, the Defendant administered philophones by inserting approximately 0.05g of philophones purchased at the Defendant’s residence, as described in paragraph 3, into a single-use injection instrument, dilution with water, and dilution with his/her luculous blood.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. A narcotics appraisal statement;

1. A's H bank account details and investigation reports (verification and attachment of suspect B's H bank account details);

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) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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