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(영문) 인천지방법원 2017.05.08 2016고단7543
마약류관리에관한법률위반(향정)
Text

Defendant

A Imprisonment with prison labor for one year, for two years, and for four months, for Defendant C, respectively.

Defendant

A.

Reasons

Punishment of the crime

[Reference Facts] On November 20, 2013, Defendant A was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Incheon District Court on September 21, 2015, and completed the execution of the sentence at the former prison on September 21, 2015. Defendant B was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act at the Incheon District Court on January 14, 2015, and completed the execution of the sentence at the Incheon Detention House on August 4, 2015. Defendant C was sentenced to one year and four months of imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Incheon District Court on January 14, 2015, and the same year.

6. On January 28, 2016, the same court was sentenced to two months of imprisonment for the same crime, and completed the execution of the sentence in the Ansan Prison on January 28, 2016. On September 2, 2016, the Jung-gu District Court was sentenced to imprisonment for a violation of the Narcotics Control Act (fence) at the Jung-gu District Court on September 2, 2016 and became final and conclusive on November 19 of the same year, and the said judgment was not handled by the Defendants, who are not a narcotics handler, but not a person handling narcotics, but did not deal with the mecoptopphone, which is a local mental medicine, as follows.

[Criminal facts]

1. Purchase and medication of Defendant A’s phiphones, and sale of Defendant B’s phiphones;

A. On August 17, 2016, at around 17:30 on August 17, 2016, the Defendants issued KRW 100,00 to Defendant B the purchase price of philopon, and Defendant B gave Defendant A a disposable injection device containing approximately 0.1g of philopon.

Accordingly, the Defendants traded philophones.

B. On the same day as in the preceding paragraph, Defendant A administered philophones by inserting water in a single-use injection machine containing approximately 0.1g of philophones purchased as in the preceding paragraph at the same place as in the preceding paragraph, and by injecting them into the arms.

2. The Defendants B and C’s receipt of phiphones, and the Defendants’ administration of phiphones are the J. of Defendant B, who was parked on the I road in the Southern-gu Incheon Metropolitan City around February 1, 2016.

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