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(영문) 수원지방법원 2019.04.26 2019고단582
마약류관리에관한법률위반(향정)등
Text

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

Seized evidence shall be confiscated from 3 to 7, 9 through 12.

Reasons

Punishment of the crime

[criminal record] On November 6, 2014, the Defendant was sentenced to three years of imprisonment with prison labor for violation of the Act on the Control of Narcotics, Etc. (fence) and completed the execution of the sentence in the previous prison on May 12, 2017.

[Criminal Facts] Notwithstanding that the Defendant is not a person handling narcotics, the Defendant dealt with psychotropic drugs, such as Mesophacule (hereinafter “Handphone”) and marijuana as follows:

1. On June 1, 2018, on June 1, 2018, the Defendant: (a) purchased and sold philophones by putting them out in cash at KRW 1.85g of philophones, which was parked in the vicinity of the bank located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) received KRW 1.80,000 from E (the age 49); and (c) purchased and sold philophones, which contain considerable amount of 0.35g of philophones.

2. On July 4, 2018, the Defendant sold a philophone on July 4, 2018, the Defendant purchased and sold a philophone bag with cash of KRW 2.80,00,000, which was parked in the vicinity of Seocheon-gu, Seocheon-gu, Seoul, and KRW 0.7g of philophone.

3. At around 19:00 on January 17, 2019, the Defendant administered administered opon in a way that the Defendant’s dwelling room located in Gangseo-gu Seoul Metropolitan Government G by raising the amount of 0.03g g opon above the opon on the gambling place, and in a way that the smoke that occurs by burning the opon by the opon in a deep fashion.

4. At around January 24, 2019, the Defendant, holding a penphone or marijuana, carrying the penphone in the hand room located in the clothes of the above Defendant’s dwelling, by inserting the amount equivalent to 20.78g of the penphone and the amount equivalent to 0.79g of the hemp.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Statement of police seizure;

1. Written confirmation of urine inspection, a narcotics appraisal report, and a request for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to rulings related to repeated crimes);

1. Narcotics, etc. under Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b), and 2 of the Act on the Selection and Management of Narcotics, etc., concerning criminal facts;

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