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(영문) 서울중앙지방법원 2020.01.16 2019고단7841

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 to 4 shall be confiscated.

from the defendant 243.

Reasons

Punishment of the crime

On August 28, 2014, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on October 28, 2014, and the said judgment became final and conclusive on September 5, 2014. On June 11, 2016, the said suspended sentence was revoked, and the execution of the said sentence was completed in the Incheon Prison on January 29, 2017.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) and marijuana as follows:

1. On June 2019, the Defendant received approximately 0.3 g of philophones contained in D in the street around the Seoul Special Metropolitan City, Gwanak-gu Seoul Special Metropolitan City, from D without compensation.

2. On September 1, 2019, the Defendant purchased 0.6 gramphones from D with approximately KRW 150,000,000,000, 000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000 won.

3. On November 11, 2019, the Defendant smoked marijuana in the way of inserting the marith of marijuana into the pipe in the presence of the G building in Gwanak-gu in Seoul Special Metropolitan City and the Defendant of H, and inhaleing the smoke generated by attaching the marith to the pipe, and on the same day, approximately 0.07gg of opopon into the Defendant’s dwelling at the Defendant’s bar for a single-time injection and dilution with water, and administered the opon by inserting it into the Defendant’s arms in the way of injecting the Defendant’s arms.

4. Around November 11, 2019, the Defendant, holding marijuana, kept approximately 1.42g of marijuana and seeds of marijuana for the purpose of smoking in a family room held in front of the Defendant’s residence, as indicated in the foregoing paragraph (3), and possessed it.

Summary of Evidence

1. Defendant's legal statement;

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

1. A protocol concerning suspect examination of D;

1. Each protocol of seizure;