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(영문) 수원지방법원 2019.01.25 2018고합450
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] On August 24, 2017, the Defendant was sentenced to a suspended sentence of two years on September 1, 2017 by imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on September 24, 201, and the said judgment became final and conclusive.

【Criminal Facts】

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

1. On November 2017, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) put about approximately 0.07g of philopon into a single-use injection machine at the middle-use telescope in Suwon-si, Suwon-si, and dilution it with water, and administered it in a way of injecting it into the bloodline.

2. Around 13:53 on June 24, 2018, the Defendant violated the Act on the Control of Narcotics, etc. (mariana) (hereinafter referred to as “mariju”), after having contacted C selling marijuana to purchase it, transferred KRW 200,000 to the E-bank account (F) in the name of D designated by C, and purchased marijuana by finding approximately 1g of marijuana, which C concealed in front of the building located in Gangnam-gu Seoul Metropolitan City, around 15:39 on the same day.

Accordingly, the Defendant traded marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Notification of the result of legal chemical appraisal;

1. Two copies of the currency;

1. B photograph of the contents of conversation;

1. Investigation reports (to hear statements of witnesses C) and investigation reports (to be calculated additionally);

1. Previous convictions in judgment: Application of the search reports on narcotics offenders, written judgments, criminal records, and the Acts and subordinate statutes concerning assistance to the agreement;

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 subparagraph 3 (b)) of the Act on the Control of Narcotics, Etc., Article 59 (1) 7, and subparagraph 7 of Article 3 of the Act on the Control of Narcotics, etc.,

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be determined by the Act on the Control of Narcotics, etc. with heavy penalty, etc. (the marijuana crime);

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