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(영문) 서울중앙지방법원 2020.02.13 2019고단7956
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence1 through 9 shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant, even though not a person handling narcotics, handled a psychotropic drug, who is a Chinese national foreigner, as follows.

1. On November 2, 2019, the Defendant received and delivered 0.3g of philophones free of charge to C (hereinafter “D”) in front of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and to C (hereinafter “one-person D”).

2. On November 2, 2019, the Defendant: (a) purchased KRW 400,000 from F (tentative name) in front of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu; and (b) sold 0.77 gramphones to F.

3. At around 19:00 on November 5, 2019, the Defendant administered opon in a single-use injection machine with approximately 0.15g oponon in the Defendant’s house located in the head of Dongjak-gu Seoul Metropolitan Government G Building H, dilution with water, and injection into the sponnova.

4. On November 17, 2019, the Defendant: (a) around 17:28, the Defendant, at the above Defendant’s house, stored three vinyl bars containing approximately 1.43g of penphonephones, approximately 0.4g of approximately 0.37g, and approximately 0.37g of penphones in the brogate, and stored three plastic bags in the brogate, and stored one vinyl paper containing approximately 0.35g of penphones in the small bank table.

Accordingly, the defendant possessed approximately 2.55g of philophones.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (related to voluntary submission of narcotics, etc. merpta, carpers);

1. Investigation report (Analysis of CCTV images related to additional crimes of suspects);

1. Each protocol of seizure;

1. Each request for appraisal, report on narcotics, and a narcotics appraisal report;

1. Application of Acts and subordinate statutes to investigation reports (report on the market price of phiphonephones);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 concerning facts constituting an offense, and Article 60 (1) 3 of the Act on the Selection and Management of Narcotics, Etc.;

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 Act on the Management of Confiscated Narcotics;

1. As to narcotics with reasons for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc.

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