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(영문) 광주지방법원 2019.02.20 2019고단147

마약류관리에관한법률위반(향정)

Text

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

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., a single philopon; hereinafter “philopon”), as follows:

1. Sale of philophones;

A. On November 9, 2018, the Defendant committed the crime, around 19:00 on November 9, 2018, sold 1g philopon, with approximately KRW 350,000,000, in the D’s vehicle parked in front of the latter part of B located in the Seongbuk-gu, Sungnam-si, Sungnam-si.

B. On November 23, 2018, the Defendant committed the crime, around November 23, 2018, sold 1.1g of philopon in the foregoing place, at C, after receiving KRW 350,000 from C, and selling 1.1g of philopon.

2. At around 19:00 on January 7, 2019, the Defendant administered phiphones by inserting approximately 0.03g of philophones into the Defendant’s residence located in Sungnam-si EF, Sungnam-si, and by dilutioning it with blophones into the blophones.

3. At around 15:05 on January 8, 2019, the Defendant: (a) kept approximately 0.08g of philopon on the Defendant’s clothes domination machine in plastic bags; and (b) carried philopon.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning the examination of suspect C;

1. Statement of the police statement regarding C;

1. Seizure records;

1. The details of sending C and the details of telephone calls, and the details of each call;

1. On-site photographs, photographs of seized objects, and photographs of each photograph;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (with respect to philopon weight seized by a suspect);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Selection of each sentence of imprisonment;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc. and Article 48 (1) 1 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Report on the market price of narcotics and calculation of additional collection charges);