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(영문) 서울중앙지방법원 2019.06.13 2019고단2199
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant was not a person handling psychotropic drugs, the Defendant handled the psychotropic drugs, as follows: (a) Meblopon (one philopon; hereinafter “philopon”).

1. Purchasing philophones;

A. The Defendant, along with B, decided to purchase philophones.

On June 20, 2018, at around 22:19, the Defendant received approximately 0.3 grams from E, a total of KRW 100,000 and KRW 200,000 in the Defendant’s share of KRW 100,000 and KRW 200,000,00 in the vicinity of “D Station” located in Bupyeong-gu Incheon Metropolitan City.

Accordingly, the Defendant conspired with B to purchase philophones.

B. The Defendant, together with B, decided to purchase philophones.

On June 26, 2018, at G viewing parking lots located in F, around 20:51, the Defendant: (a) 100,000 won and KRW 200,000,000 for Defendant’s share of KRW 100,000 and KRW 200,000 for Defendant’s share to “H”, and (b) 0.3g of phiphonephones from the “H.”

Accordingly, the Defendant conspired with B to purchase philophones.

2. At around 23:19 on June 20, 2018, the Defendant administered philophones in B’ house located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant laid down philophones purchased as described in the foregoing paragraph 1 above on the gambling place, and the Defendant administered philophones by means of allophones as soon as the postponement occurred due to heating allophones.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police interrogation protocol concerning E;

1. Records of seizure and the list of seizure;

1. Investigation report (as a result of replies of a statement of narcotic appraisal by the Seoul Scientific Investigation Agency for Seized Articles), narcotics appraisal report (2019-H-6189), and investigation report (calculated additionally);

1. Application of the Acts and subordinate statutes as a result of extraction of B mobile phone sirens;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes (in cases of public offering, Article 30 of the Criminal Act, the addition of crimes, purchase of phiphones, and provision of medication) and selection of imprisonment for each sentence;

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

1. The Criminal Act, the suspension of execution;

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