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(영문) 인천지방법원 부천지원 2019.01.16 2018고단2794
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

400,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On July 5, 2018, at around 17:19, the Defendant: (a) accessed a seller of psychotropic drugs in the Guro-gu Seoul Metropolitan Government C New Dokbook to purchase psychotropic drugs in D(SNS); (b) deposited KRW 400,000 into the E-bank account under the name of E designated by the sponsor seller; and (c) around that time, the Defendant purchased Dokphone by means of bringing about approximately 0.5g of philop, which is contained in a transparent plastic bag, after displaying the address of the building adjacent to the station located in Guro-gu, Guro-gu, Seoul, Guro-gu, Seoul.

2. On July 5, 2018, around 21:00, the Defendant: (a) inserted approximately 0.05g of philophones purchased from G Apartment Hh toilet in a single-use injection instrument; (b) dumped them with water; and (c) administered philophones in a way of injecting them into the blood transfusion.

3. On September 6, 2018, at around 22:00, the Defendant administered approximately 0.05 g-phones in the same manner as described in the foregoing paragraph 2, at the time and place described in the foregoing paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to I by the police;

1. The application of Acts and subordinate statutes to data on CCTV images of financial spheres, a urinal narcotics appraisal report, and a summary narcotics appraisal report;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Management of Narcotics, Etc. (the purchase of each penphone and the point of administration) concerning the facts constituting an offense, and the choice of imprisonment, respectively;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order and the conditions of sentencing as shown in the record, such as the purchase by the defendant, the quantity of chophonephones administered, the age, occupation, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, etc.

- The misuse or abuse of psychotropic drugs may affect individuals and society.

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