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(영문) 부산지방법원 2020.04.24 2020고단722

마약류관리에관한법률위반(향정)

Text

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

Seized evidence 1 to 5 shall be confiscated.

1.4 million won from the defendant.

Reasons

Punishment of the crime

The defendant shall not sell, administer, or possess psychotropic drugs, but not a person handling narcotics.

1. The Defendant: (a) sold Macampphones (one name “philopon”; (b) sold approximately KRW 5g of 1,300,000 philopon to B known to ordinary people; and (c) transferred KRW 1,30,000 from B to the Defendant’s Nong Bank (C) account in total over three occasions from around 21:49 on February 5, 2020 to 21:54 on the same day.

On February 6, 2020, from around 00:00 to 01:00 on the same day, the Defendant sold 5g of philophones contained in vinyl D, to B, on the front of E in Gyeongnam-gun, Gonam-gun.

2. At around 09:30 on February 17, 2020, the Defendant administered a phiphone in a manner that put about approximately 0.06g of philophone into a single-use injection machine at G Office, Inc., a company located in Gyeongsung-gun, Gyeongsung-gun, and dilution water, and in a manner that injecteds to his left neck.

3. At around 17:00 on February 17, 2020, the Defendant: (a) stored the philophone 9.85gh in a plastic bag in his/her plastic bags; (b) stored the philophone 9.85g in his/her instant plastic bags; and (c) stored 4.59g, 0.56g, and 0.6g in three plastic bags, which are divided into three plastic bags, in the top hand of the instant passenger car operated around the said road.

Accordingly, the defendant possessed 15.6g in total of philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect B; and

1. Report on investigation (report on the calculation of additional collection charges);

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to a written request for appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning the relevant criminal facts and the Selection of Punishment (Optional to Imprisonment);

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

1. Article 67 of the Act on the Control of Narcotics, etc.