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(영문) 인천지방법원 2017.11.17 2017고단7416
마약류관리에관한법률위반(향정)
Text

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

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

1. On November 4, 2016, the Defendant requested B to seek a merpter (one philopon; hereinafter “philopon”) from the mutual French shop located in the Nam-gu Incheon Metropolitan City, Nam-gu, and requested B to purchase cash KRW 300,000,000, and B purchased a philopon from C around that time.

After that day, the Defendant received approximately 0.1g of opon 0.05g of opon, which is contained in a single copon, purchased from Category B from around 22:00 in the Nam-gu Incheon Metropolitan City, Nam-gu, and then allowed B to put about 0.05g of the opon purchased from Category B into a single copon, melting it into the Defendant’s arms, and draw into the Defendant’s arms, around 23:40 on the same day, after purchasing from Category B in the D apartment parking lot in the Nam-gu, Yannam-gun, Chungcheongnam-gun, Incheon, and drinking about 0.05g of opon copon copon copon copon cam, which is administered from Category B, as above.

2. On December 26, 2016, the Defendant asked B to seek a phiphone, and B transferred KRW 500,000 to a bank account (Account Number: E) of the name C around 23:28 on the same day, and received and stored phiphones as Kwikset service.

On December 27, 2016, at around 02:00, the following day, the Defendant: (a) opened approximately 0.1g of a philopon, which was received from B as Kwikset service, and was in custody from B, as seen above, as Kwikset service; (b) paid KRW 500,000 in cash to B; (c) put about 0.05g of the philopon purchased, into a single copon, and melted it into the Defendant’s arms.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and sold philophones, a local mental medicine, twice, and administered three times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer under B;

1. A criminal investigation report (three times a year);

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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