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(영문) 수원지방법원 2019.03.22 2018고단7253
마약류관리에관한법률위반(향정)등
Text

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

Seized evidence 1, 2, and 4 shall be confiscated.

253,00 won from the defendant.

Reasons

Punishment of the crime

I. On September 26, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Control of Narcotics, Etc. (mariju) at the Incheon District Court on September 26, 2012 and was sentenced to three times for the same crime.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Megatopists (one philopon; hereinafter “philopon”) and marijuana as follows:

1. Around May 26, 2018, the Defendant sold philophones in KRW 0.4g of 1,50,000,00 from May 26, 2018 to D around May 26, 2018, at around 07:54, the Defendant sold philophones to D at the Defendant’s residence.

2. On November 19, 2018, the Defendant smoking marijuana around November 19, 2018: (a) around November 19, 2018, at around 19:00, smoked marijuana in such a way as to put it into a tobacco sold among the time in which the mariths of marijuana are sold in the front of the said Defendant’s residence; and (b) to inhale the smoke by attaching a fire

3. On November 28, 2018, around 10:00 on November 28, 2018, the Defendant administered phiphones by inserting approximately 0.05g of philophones into a single-use injection machine at the above Defendant’s residence and dilution them with raw water, and administering phiphones in a way of injecting them into the bloodline.

4. On November 29, 2018, around November 29, 2018, the Defendant possession of phiphones carried approximately 0.16 g of phiphones in the dwelling of the above Defendant, by inserting approximately 0.16 g of phiphones in a single-use injection machine at the dwelling of the said Defendant, and keeping approximately 0.12 g of phiphones in a wall.

II. On October 22, 2007, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on January 24, 2008; on September 18, 2008, the Defendant was issued a summary order of KRW 3.5 million by the same court as the same crime; on September 18, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for the same crime; on September 7, 2012, the Defendant was sentenced to a suspended sentence of eight months by imprisonment with prison labor for the same crime in the Gyeyang District Court Yangyang branch of the Jung-gu District Court on September 7, 2012; and on December 6, 2013, the Defendant was sentenced to a suspended sentence of eight months by imprisonment with prison labor for the same crime.

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