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(영문) 서울중앙지방법원 2020.04.28 2019노4242
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Seized evidence 2 shall be confiscated.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, confiscation, and collection KRW 300,000) is too unreasonable.

2. In the judgment of the court below, the judgment of the court below on the violation of the Act on the Control of Narcotics, etc. by the purchase of phiphones, applied for changes in the indictment to the facts charged of the violation of the Act on the Control of Narcotics, etc. by phiphones as stated below, and since this court permitted the changes in the subject of the judgment, the judgment of the court below was no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.

[C] On April 20, 2018, the Defendant was sentenced to 10 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on April 20, 2018 and completed the execution of the sentence in a female prison on November 21, 2018.

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

1. From May 13, 2019 to around 22:32, 2019, the Defendant received and received 1g of philopon from D in the residence of Geumcheon-gu Seoul Metropolitan Government B apartment C subparagraph D without compensation between the following day and 02:13.

2. At around 22:00 on May 13, 2019, the Defendant, along with D, injected approximately 0.03 gopon into a single-use injection machine, dilution with water, administering phiphones by means of injection into each one’s arms, and, as shown in the attached list of crimes, conspired with D from that time until the beginning of June 2019, and administered 5 phiphones independently or independently.

Summary of Evidence

1. The trial of the defendant;

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