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(영문) 서울중앙지방법원 2020.04.09 2020고단912

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

No. 0.02 grams No. 3 of Myanmar presumed to be seized narcotics;

Reasons

Punishment of the crime

On June 30, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on February 23, 2018, and the execution of the sentence is terminated in the first prison of the North North Korean Dos on February 23, 2018, and on September 26, 2019, the Defendant was sentenced to six months of imprisonment with prison labor at the Suwon District Court for fraud at the Suwon District Court on September 26, 2019, and was released from the Suwon Detention House on November 30, 2019 after the detention was released from the Suwon Detention House on November 25, 2019

Criminal facts

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone; hereinafter referred to as “philophone”).

1. Medication of phiphones;

A. At around 22:00 on February 3, 2020, the Defendant administered approximately 0.01g of philopon C in the form of drinking water on the water.

B. At around 12:30 on February 7, 2020, the Defendant administered approximately 0.01g of philophones in a manner of drinking in water at the place indicated in paragraph (a) of Article 1.

C. At around 19:00 on February 7, 2020, the Defendant administered approximately 0.01g of philopon on the water at a restaurant near the D hotel in Jung-gu Seoul Metropolitan Government by hanging it on the water.

2. On February 7, 2020, the Defendant: (a) around 21:15, on the distribution of Seocho-gu Seoul Seocho-gu, carried approximately 0.02 g of opphone in a small plastic bag at the criminal police station of Seocho-gu Seoul Metropolitan Government and the strong 3 team office, and carried approximately 0.02g of opphonephone in a small plastic bag, and carried it in the right-hand

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure (the investigative records 36,37 pages);

1. Investigation report (report on the market price of phiphonephones);

1. Application of Acts and subordinate statutes to each investigation report (not more than 197 pages);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts,

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Confiscation.