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(영문) 서울중앙지방법원 2019.05.02 2019고단551

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence shall be confiscated as provided for in subparagraphs 1 through 7 and 11.

Reasons

Punishment of the crime

On August 12, 2016, the Defendant sentenced the Suwon District Court to one year for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on January 12, 2017.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant handled the psychotropic drugs-related Mesofts (hereinafter referred to as “Handphones”) and marijuana as follows:

1. Medication of phiphones;

A. On October 31, 2018, from around 21:00 to 22:00, the Defendant administered phiphonephones by dilutioning a large amount of philophones from the Namdong-gu Incheon Metropolitan City building, and from the “C” bank operated by the Defendant on the first floor with biocom and injection them into one-time injection machine.

B. On January 12, 2019, between 04:00 and 05:00, the Defendant administered approximately 0.2g of philopon at the same place as above in the foregoing manner.

2. The defendant of marijuana shall be the 1-B;

At the same time and at the same place as the paragraph, marijuana was smoked in such a way that half of the saws (a half of the saws) was put in the walk on the walk, and the smoke was faling.

3. At around 21:40 on January 14, 2019, the Defendant, holding a penphone or marijuana, putting approximately 1.56 g of plastic bags contained in a penphone at the same place as above, and carrying them at the same time.

4. At around 15:00 on January 18, 2019, the Defendant stored approximately 83.9g of marijuana (including vinyl weight) in a plastic container in the Defendant’s residence of Michuhol-gu Incheon, Michuhol-gu, Incheon, and stored it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to the F;

1. Currency details, each protocol of seizure, each list of seizure, electronic information, each narcotics appraisal report, and each request for appraisal;

1. Previous record: Application of Acts and subordinate statutes concerning criminal records and personal confinement status;

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 Act on Criminal Facts (the point of administered phiphones and of possession of phiphones);