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(영문) 수원지방법원 안양지원 2020.03.26 2020고단105
마약류관리에관한법률위반(향정)
Text

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

Seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On December 31, 2019, the Defendant purchased 1.3 million won from C in a way of bringing about approximately 10 g of merpises (one penphone; hereinafter referred to as the “sponphone”) set up in a tobacco package under the house where the said house is located and bringing about 1.3 billion won out of the purchase price in a tobacco package.

2. Medication of phiphones.

A. At around 14:00 on December 31, 2019, the Defendant, at the Defendant’s house located in Mapopo-si, issued 0.02 g of the oponphone that he purchased as above above, opened above the oponon day of Aluminium, heated the opon into a alzine, made it prompt as soon as possible through a water source containing water, and administered it as soon as possible, and then administered it in a way that he renders it fast to the contrary.

B. At around 03:00 on January 5, 2020, the Defendant administered 0.02 g of the philophones purchased as above by inserting them into beer and drinking them.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared in F;

1. Each investigation report (number 4,8,20,23,26,28);

1. Requests for analysis of digital evidence, including photographs of urine collection and simplified drug examination, results of simplified drug examination, results of urine testing, reports on the preliminary test of narcotics, reports on the results of urine testing, drilling (written replys by the National Institute of Science and Technology), results of analysis of digital evidence, results of assessment of narcotics, etc., results of arctal or urine analysis, and requests for

1. Application of each protocol of seizure, each list of seizure, and photographs of seized articles to the Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with Labor) concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the Act on the Control of Narcotics, etc., due to the sale and purchase of the heavy penphones);

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

1. Collection of narcotics;

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