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(영문) 서울북부지방법원 2020.04.08 2019고단4298
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of two years and four months.

474,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[criminal power] On August 14, 2014, the Defendant sentenced 8 months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (competence) in the Goyang Branch of the Jung-gu District Court, the Defendant terminated the execution of the sentence in a governmental prison on November 19, 2014.

【Criminal Facts】

A person other than a person handling narcotics, shall not sell, deliver, or administer a psychotropic drug campopon (hereinafter referred to as “coponon”), and the defendant shall not be a person handling narcotics.

1. Issuance of philophones without compensation;

A. At around 17:00 on March 31, 2016, the Defendant: (a) provided to B a disposable injection equipment containing approximately 0.1g of philopon on the cenz in the cenz’s shop parking lot located in the B, which was parked in the B’s shop at the government city of the Gyeonggi-si; and (b) received and delivered philopon.

B. On May 5, 2016, at around 20:00, the Defendant provided a disposable injection device with approximately 0.1g of philopon to B within the event-based vehicle operated by B moving from the street world near the Gangnam-gu Seoul Metropolitan Government to B’s residence located in Seodaemun-gu Seoul Metropolitan Government, and received philopon from B.

2. At around 19:00 on September 14, 2019, the Defendant: (a) paid KRW 200,000 to the sales book of philophones on the street in front of the F station located in Eunpyeong-gu Seoul, Seoul, via the Internet; (b) purchased philophones by putting approximately 0.05g of philophones on the part of the Defendant’s dwelling located in the G building H of Eunpyeong-gu, Seoul; and (c) administered philophones by dilution approximately 0.05g of philophones purchased at the Defendant’s dwelling located in the G building H of Eunpyeong-gu Seoul on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Copies of each protocol of trial;

1. Investigation report (Attachment of written judgments related to B by philophones);

1. Each investigation report (each written appraisal of narcotics, etc.);

1. Details of each currency;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

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