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(영문) 수원지방법원 2020.01.30 2019고합387
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

one electronic lives (certificate No. 4), two philophone medications (certificate No. 5), which have been seized;

Reasons

Punishment of the crime

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

around 12:00 on August 1, 2019, the Defendant administered philopon by means of heating glass disease containing philopon in the vehicle of the Defendant parked in the vicinity of the French oil station located in Pyeongtaek-si or Pyeongtaek-si, and driving the philopon.

On August 1, 2019, the Defendant: (a) arrested under suspicion of smuggling and entered the Suwon Detention House located in Suwon-si on a night-time basis on August 1, 2019; (b) carried in the said detention house by concealing approximately 0.7g of philophone in the clothes in possession; (c) carried the philophone into the said detention house; and (d) on August 5, 2019, around 15:30 on August 15, 2019, the Defendant laid down the said philophone to the foreigner of the nationality of the Thailand, who had been confined together in the said detention house B.

Accordingly, the defendant received approximately 0.7g of philophones.

Summary of Evidence

"2019 Highis 387"

1. Defendant's legal statement;

1. A written authorization and an appraisal report on the prosecution, a summary trial and summary examination;

1. Report on investigation (report on the circumstances of seized articles by the accused), investigation report (Confiscation and report on the calculation of additional collection charges);

1. The gross list of seized articles, the warrant of search, seizure and verification (after death) 2019,573;

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A self-written statement prepared by the F;

1. A report on investigation (Submission of a photograph of a new CCTV room) and a report on investigation (calculated additionally);

1. Application of Acts and subordinate statutes of each service report;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc., which is caused by heavy philopphones, etc.) among concurrent crimes;

1. Article 67 of the Act on the Management of Confiscated Narcotics, Etc.;

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