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(영문) 서울남부지방법원 2019.05.22 2019고단100

마약류관리에관한법률위반(향정)

Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On August 17, 2018, the Defendant received philophones from C, a psychotropic drug, with approximately 0.25 g of the psychotropic c, in the numberless car volume parked in front of the bus stops at the Seoyang-gu Seoul Metropolitan City B market bus stops, Seoyang-gu, Seoul Metropolitan City (hereinafter “Wlophones”). On August 17, 2018, the Defendant received philophones by using a one-time injection device with approximately 0.25 g of psychotropic drugs (hereinafter “clophones”).

2. On October 8, 2018, the Defendant provided a philopon by delivering approximately 0.18g of a philopon to G within the FNAS car operated by the Defendant, who stopped on the front of the bus stops located in D at the Government of the Gyeonggi-si, and in front of the bus stops in E, at least 0.18g of a philopon.

3. At around 13:00 on December 26, 2018, the Defendant administered phiphonephones by dilutioning approximately 0.05 g of phiphones within a Jacker’s car operated by the Defendant, who was parked in the front of H apartment Idong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, with a view to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Protocols of seizure and list of seizure (Evidence Nos. 2 and 3);

1. Application of Acts and subordinate statutes to a report on internal investigation (abundance of a report on narcotics assessment for white diversified horses seized at will by submitting them from G for reference), a report on investigation (abundance of a document arranged in currency on August 17, 2018), a report on investigation (calculated of a surcharge), and a report on investigation (abundance of narcotics assessment of a suspect A liquid hypism).

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

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;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times for the same crime.