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(영문) 서울북부지방법원 2019.08.21 2019고단1328

마약류관리에관한법률위반(향정)

Text

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

2 million won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[Criminal Power] On September 23, 2016, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court, and completed the execution of the sentence at the Suwon Detention Center on May 11, 2017. On December 12, 2018, the Defendant was sentenced to one year and two months of imprisonment for the same crime at the Seoul Northern District Court, and the judgment became final and conclusive on July 15, 2019.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated the psychotropic drugs-related metropon (one-name penphone, hereinafter referred to as “copon”) as follows:

1. Around 02:00 on April 25, 2018, the Defendant purchased and sold phiphones with cash of KRW 200,000,000,000,000 delivered to D in front of the hot spring dong branch in Busan Dong-gu, Busan, and with approximately 20 grams of philophones.

2. Receipt of Handphones;

A. At around 02:10 on April 25, 2018, the Defendant provided approximately 0.05g of philophones to F in the hotel room of Busan Dong-gu E, Busan, and received philophones.

B. On April 27, 2018, the Defendant provided approximately 1.21g of phiphones at the Gangnam-gu Seoul G parking lot, and provided H with approximately 1.21g of phiphones without compensation, and received and delivered phiphones.

C. At around 02:00 on April 29, 2018, the third criminal defendant provided K with approximately five grams of philophones, which contained part of vinyl packaging, to K without compensation, in front of the J Hospital located in Gangnam-gu Seoul Metropolitan Government, and received philophones.

3. The Defendant administered philophones by dilution them with water in a single-use injection machine, at the time, at the place, and at the place, set forth in Article 2(a).

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of K, H, and F;

1. Investigation report (the result of the suspect A's assessment report on maternal drugs);

1. A report on investigation (calculated additional charges);

1. Previous records: Application of criminal records and other inquiry reports (A) and Acts and subordinate statutes to each investigation report (Attachment to suspect rulings, etc.);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;