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(영문) 인천지방법원 2015.11.19 2015고단3768
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for not less than one year and six months.

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On December 7, 2012, the Defendant was sentenced to imprisonment with prison labor for the crime of violation of the Narcotics Control Act, etc. at Seoul Southern District Court on December 7, 2012, and completed the execution of the said sentence in the previous prison on July 2, 2013.

【Criminal Facts】

1. The Defendant committed the crime of September 29, 2014, around 16:20 on September 29, 2014, sent approximately 0.05 grams of psychotropic drugs to E, from the toilets of the D Hospital located in Nam-gu Incheon Metropolitan City, Mampa (one penphone; hereinafter referred to as “copon phone”), and received 100,000 won from E in return.

Accordingly, even if the Defendant is not a person handling narcotics, the Defendant traded psychotropic drugs.

2. The Defendant committed on October 1, 2014, at around 01:00 on October 1, 2014, 201: (a) from the Defendant’s home located in Seo-gu Incheon, Seo-gu, Incheon, about 0.05 grams to E, and (b) received KRW 100,000 from E in return.

On the other hand, the Defendant continued to put approximately 0.05g of philophonephones possessed at the same time and at the same place into a single-use injection machine, dilution with biocom, and injection into the Defendant’s arms.

Accordingly, even if the defendant is not a person handling narcotics, he traded and administered psychotropic drugs.

3. around October 3, 2014, the Defendant committed the crime of October 3, 2014, sent approximately 0.05 grams to E from Hmotour located in Seo-gu Incheon, Seo-gu, Incheon.

On the other hand, the Defendant continued to put approximately 0.05g of philophonephones possessed at the same time and at the same place into a single-use injection machine, dilution with biocom, and injection into the Defendant’s arms.

Accordingly, even if the defendant is not a person handling narcotics, he received and administered psychotropic drugs.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement of prosecutorial statement concerning E;

1. A protocol concerning the suspect examination of some of the accused;

1. Copy of the police interrogation protocol concerning E;

1. Statement of the police statement of E;

1. Investigation report (Analysis of the telephone conversations in the E- used mobile phone);

1. E and the Defendant.

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