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(영문) 대전지방법원 천안지원 2020.01.09 2019고단2565

마약류관리에관한법률위반(향정)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person other than a person handling narcotics shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, give or receive, trade, arrange for trade of, or provide psychotropic drugs.

1. On September 26, 2019, the Defendant traded psychotropic drugs by purchasing and selling 100,000 won and 3 g of the Mepta (hereinafter referred to as “diphone”) at a place where the consent to the drawing of Michuhol-gu Incheon Metropolitan City cannot be known, at around 17:00 on September 26, 2019.

2. At around 18:00 on September 26, 2019, the Defendant administered psychotropic drugs on six occasions, as indicated in the attached list of crimes, from that time, from the Defendant’s vehicle parked in a place where the consent of Michuhol-gu Incheon City’s drawing cannot be known, by dilutioning approximately 0.3g of opon into a single-use dacter with copon into a single-use dacter, etc. by injecting the copon from the Defendant’s vehicle, to September 30, 2019.

3. On September 26, 2019, the Defendant: (a) purchased approximately 3 ghonphones from B; (b) administered approximately 2.7 gons; and (c) kept approximately 0.3g on October 2, 2019 the remainder of about 0.3gs on the package of the Red Sea B, and possessed psychotropic drugs until he/she voluntarily submits them to police officers, from the police box located in the Dong-gu, dong-gu, Chungcheongnam-gu, dong-gu, Incheon, to the extent that he/she voluntarily submits them to police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for appraisal, a report on narcotics appraisal;

1. Each protocol of seizure and each list of seizure;

1. Disposable photographs submitted by the suspect;

1. Application of the Acts and subordinate statutes on Handphone photographs kept by the suspect on the package of the container;

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 Penalty for Crimes (trade of philopon, medication, and possession of philopon), and choice of imprisonment with prison labor;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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

1. Article 62 (1) of the Criminal Act;

1. Probation;