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(영문) 의정부지방법원 2020.01.31 2019고단5438

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 2 shall be confiscated.

1.2 million won from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

Any person other than a person handling narcotics shall be prohibited from possessing, possessing, using, transporting, controlling, importing, exporting, manufacturing, preparing, administering, giving or receiving, trading, arranging the trade of, or providing narcotics or psychotropic drugs.

1. At around 22:00 on August 28, 2019, the Defendant received Handphones: (a) around 22:00 on August 28, 2019, at “C” operated by the Defendant located in the Manan-gu Mayang-si B; (b) around 22:0 on August 28, 2019, the Defendant received from D, without compensation, one vinyl fluorculon, which contains approximately 0.05 g of a psychotropic drug-related mail (hereinafter “propopon”).

2. At around 20:00 on September 20, 2019, the Defendant, at the same place as the above Paragraph 1, around 20:00 on September 20, 2019, received a request from D to the effect that “Wilphones are salphing off,” while holding approximately 4.3g of E’s phiphones, called “E,” and listened to the word “E” to the effect that “Wilphones are sold for about 1,00,000 won” from E, and sent D with approximately 4g of phiphones, one plastic part of which contains approximately 4g of phiphones, 1,000 won in cash, and then dried E with the said cash.

Accordingly, the defendant assisted the trade of philophones between E and D.

3. At around 17:00 on November 16, 2019, the Defendant administered a phiphone in a way that the Defendant, at around 17:00 on November 16, 2019, put approximately 0.05g of philophone into a single-use injection instrument and dilution it with water to the right side.

4. At around 20:00 on November 19, 2019, the Defendant, holding phiphones, carried phiphones by inserting them in the same place as the above Paragraph 1, at around 20:0 on November 19, 2019, and in the same place as the instant Paragraph 1, with a single-use cellphone consisting of approximately 0.24g of phiphones.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A copy of each protocol concerning suspect examination of D;

1. Each protocol of seizure;

1. Each request for appraisal and each report on narcotics appraisal;