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(영문) 광주지방법원 2020.01.23 2019고단5364

마약류관리에관한법률위반(향정)

Text

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

A sum of 400,000 won shall be collected from the defendant.

The above additional collection charge.

Reasons

Punishment of the crime

[criminal record] On November 2, 2015, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on November 2, 2015, and completed the execution of the said sentence in the medical prison on May 11, 2016.

【Criminal Facts】

Despite the fact that the Defendant is not a narcotics handler, he dealt with the psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”), as follows:

1. On November 19, 2018, the Defendant purchased 300,000 won from Macheon-si C’s resting place located in Macheon-si B, and purchased Dophones by putting about 1g of philophones contained in vinyl fluor, from Macheon-si B’s resting place.

2. Medication of phiphones.

A. On November 19, 2018, around 21:35, the Defendant: (a) parked in the parking lot for the resting area located in Macheon-si B, in a non-motor vehicle with a large amount of philopphones into a single-use folder; and (b) administered philops by means of injecting them into the Defendant’s arms gate to the Defendant’s arms.

B. At around 23:00 on November 29, 2019, the Defendant administered phiphonephones in a manner of melting a large amount of shotphones into the water at the trade in the ambane located in the iron-gun, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (as a result of the examination of simplified reagents - training of mert cancer patients), investigation report [Calculation [including a copy of the corresponding part of the monthly trend of narcotics, etc. (including a copy of the corresponding portion of October 2019] attached thereto];

1. Ratifications;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes as a result of prisoners' search;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment, respectively, concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes (as to the violation of the Act on the Control of Narcotics, etc., by November 19, 2018)

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;