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(영문) 부산지방법원 2020.04.09 2019고단5825
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 7 through 14 shall be confiscated.

from the defendant 1,500.

Reasons

Punishment of the crime

[Criminal Power] On June 2, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Gwangju District Court on July 29, 2017, and completed the execution of the sentence.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. Sale of philophones;

A. On May 5, 2019, at around 01:30, the Defendant sold penphones with approximately 5 g of psychotropic drugs, which are psychotropic drugs (one-time philopon; hereinafter “philopon”) located in vinyl C, which was stopped in the vicinity of the permanent residence of the Seocho-dong, Busan, and then received KRW 700,000 in cash, from Bsch Rexroth car, which was stopped in the vicinity of the permanent residence of the Seocho-gu, Busan.

B. On May 16, 2019, around 18:30 on May 16, 2019, the Defendant: (a) parked in Bsch Rexroth car located in front of the Evalescent Hospital located in Busan B, which sold 70,000 won in cash, to C with approximately 5 gylphones in plastic bags.

2. On November 23, 2019, the Defendant administered philophones by inserting approximately 0.03g of philophones into water at the residence located in the Gangseo-gu Busan apartment G on November 23, 2019.

3. On November 26, 2019, around 14:50 on November 26, 2019, the Defendant: (a) kept Bsch Rexroth car’s right and wrong boxes adjacent to the driver’s seat in the F apartment parking lot as indicated in paragraph (2); (b) kept the paper 0.01g, 0.03g, which is sealed on two pages, and carried the penphone.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C;

1. Report on investigation (to analyze the contents of currencies and specify the date and place of crime);

1. Records of seizure by prosecution;

1. Three copies of an appraisal report;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records and personal confinement status;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

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