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(영문) 수원지방법원 안산지원 2019.05.30 2019고단1178

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 2, and 3 shall be confiscated.

5,950,00 won from the defendant.

Reasons

Punishment of the crime

The Defendant, who is not a person handling narcotics, was prohibited from dealing with psychotropic drugs-related Mesophopics (one philoopopon; hereinafter “phiopons”), but purchased, administered, and possessed the phiopon as follows.

1. At around 19:00 on December 18, 2018, the Defendant: (a) remitted 100,000 philopon to a DNA bank account (E) in the name of D bank account designated by B, which is a philopon seller, from the scopon seller; (b) purchased philopon in a way that finds approximately 3-5 g of philopon which B concealed at the scoping scopon in the Gyeonggi-si, Gyeonggi-si, and G mail; and (c) purchased philopon eight times in total from the above date to March 19, 2019, such as the written list of crimes (1).

2. On December 18, 2018, the Defendant administered philophones in a way that philophones are inhaled as indicated in paragraph (1) of the same Article at a low time. The Defendant administered philophones on a total nine occasions from the above date to March 20, 2019, as indicated in the List of Crimes (2).

3. At around March 22, 2019, the Defendant possessed a philophone in a way that, on March 22, 2019, 10:15, the Defendant kept approximately 3.16 gylphones in two plastic bags on the line of the Defendant’s residence inside the front line of the Defendant’s dwelling.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each appraisal request, report on narcotics appraisal, investigation report (report on the calculation of an additional collection charge), bank account statement, records of seizure, and application of statutes to the list;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

1. The Act on the Management of Confiscated Narcotics, Etc.;