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(영문) 대전지방법원 홍성지원 2020.04.29 2019고단969
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 2 or 3 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On April 15, 2016, the Defendant sentenced the Daegu District Court to three years of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Daejeon Prison on February 24, 2018.

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

1. At around 10:00 on July 30, 2019, the Defendant sold 0.03g philophones, which received 50,000 won from E in the Defendant’s Dunna car parked in front of the Gyeongsan City, Yangyang-si, and 0.03g philophones in a white paper.

2. Medication of phiphones.

A. At around 23:00 on November 7, 2019, the Defendant: (a) stored water in a single-use injection machine containing approximately 0.05 ghononon in the F building G in Yangnam-si; and (b) injected phiphones by means of injecting it to Defendant’s losses, etc.

B. At around 20:00 on December 14, 2019, the Defendant administered approximately 0.03 g of phiphones in the manner described in the said G in said G.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each protocol of seizure and each list of seizure;

1. Each narcotics appraisal report and reply to requests for appraisal;

1. Relevant photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of statutes attached thereto;

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 concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is not only a crime involving narcotics, etc. with the reason for sentencing, but also a crime involving a person’s body and mind.

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