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(영문) 대전지방법원 2018.07.20 2018고단1324
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

Nos. 1 through 6 of the evidence seized by the defendant shall be confiscated, and 600,000 won shall be confiscated.

Reasons

Punishment of the crime

On February 8, 2018, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Narcotics Control Act in the Seosan Branch of the Daejeon District Court on February 8, 2018, and became final and conclusive on July 11, 2018, and is not a narcotics handler.

1. On May 27, 2017, around 00:05, the Defendant sold approximately KRW 1.6 grams in total in a single injection device containing approximately 0.8g of crypphones (hereinafter referred to as “cypphones”), which is a local mental medicine, at the parking lot in Southern-gu Incheon Metropolitan City B, and received KRW 500,000 from C, and received approximately KRW 500,000 from C.

2. On September 19:00 on September 8, 2017, the Defendant administered phiphones by inserting approximately 0.05 gopon into a single-use injection device, dilution it with water on his/her right hand, etc. at the Defendant’s residence in Namdong-gu Incheon Metropolitan City D or E, and 0.05 gopon into a single-use injection device.

3. On September 11, 2017, the Defendant possessed approximately 0.054g of the total phiphonephones administered by himself and remaining 0.054g, at the Defendant’s residence in the Nam-gu Incheon Metropolitan City D or E around September 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. All copies of documents to be sent under detention C;

1. A protocol of seizure and a list of seizure;

1. Responses to requests for appraisal and acceptance by the State;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (verifications during the course of a criminal suspect's appellate trial trial);

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, and selection of a person who is sentenced to imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

1. The fact that the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the report on the calculation of a surcharge) is not sufficient to commit the crime of selling philophones while leaving the grounds for sentencing.

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