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(영문) 수원지방법원 2019.02.12 2018고단7264
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

60,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

[Criminal Power] On October 16, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on September 11, 2015, and completed the execution of the sentence in the official prison.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

1. On August 11, 2018, the Defendant attempted to sell and purchase phiphones at around 18:35, 2018, the Defendant transferred 400,000 won of phiphones to the G Association account (Account Number: H) in the name of F designated by the seller of phiphones (D name “E”), at around 18:35, on August 11, 2018, by means of finding approximately 0.5 g of phiphones from the phiphones located in a non-place in the Seoul Geumdong-dong, Seoul at around that time, but did not find it.

Accordingly, the defendant tried to trade philophones, but attempted to do so.

2. On October 2018, the Defendant: (a) purchased approximately 0.2 g of opphones from the seller of opphones (Ddiaphones) in the same manner as described in paragraph (1) on Oct. 1, 2018; (b) purchased approximately 0.2 g of opphones in the same manner as described in paragraph (1); (c) around 22:00 on the same day, at the Defendant’s dwelling in Pyeongtaek-si building and the Defendant’s dwelling in J, approximately 0.1g of opphones purchased as above, purchased at the Defendant’s dwelling in Pyeongtaek-si, i.e., on a single-use copphone; and (d) injected them with water, and administered opphones by means of injecting them into the bloodline.

3. On November 25, 2018, around November 25, 2018, the Defendant administered phiphones by inserting approximately 0.1g of phiphones into a single-use injection machine at the above Defendant’s residence and dilution them with water, and administering phiphones in a way of injecting them into the bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. Report-Attachment of the specific circumstances and evidentiary materials of the purchaser of phiphonephones;

1. Investigation report - Results of cell phone search using K;

1. Details of trading accounts in the name of the F Association;

1. Data on replies, such as personal information, of financial institutions;

1. CCTV images; and

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