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(영문) 광주지방법원 2019.06.13 2019고단1176
마약류관리에관한법률위반(향정)
Text

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

The evidence seized shall be forfeited from the criminal defendant.

Reasons

Punishment of the crime

[Criminal Power] On November 8, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on November 8, 2017, and completed the execution of the sentence at the port prison on October 13, 2018.

【Criminal Facts】

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”), as follows:

1. On December 29, 2018, the Defendant purchased and sold 100,000 won from D on the street in front of the C cafeteria located in Sacheon-si B, and 0.3g of philophones from it.

2. At around 18:10 on April 1, 2019, the Defendant, holding a phiphone by inserting a philopon into a philopon injection machine containing approximately 0.33 g of philopon on the clopon in the roposite of the Defendant’s residence, which is kept in custody of the clothes of the Defendant’s dwelling.

Summary of Evidence

1. Legal statement of witness D;

1. Investigation report (related to arrest of a suspect and execution of a warrant for search, seizure, and verification of a suspect), investigation report (related to measurement of cellphone weight seized), and investigation report (related to calculation of an additional collection charge);

1. Protocols of seizure (Evidence Nos. 8) and list of seizure (Evidence Nos. 9);

1. A statement on the appraisal of narcotics (the injection, white paper, coloring, response to requests for appraisal), drilling, and drilling;

1. Details of daily currency of crimes between the suspect-D;

1. Previous convictions in judgment: Application of inquiry results and investigation reports (verification of the date of release)-related Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 4 (1) 2 and 3 (b) (Article 60 (1) 2, Article 4 (1) 1, 2 and 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with labor

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The Criminal Procedure Act;

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