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(영문) 제주지방법원 2020.08.28 2020고단1047
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

10.1 million won shall be additionally collected from the defendant.

As above, the defendant.

Reasons

Punishment of the crime

[Criminal Records] On December 16, 2015, the Defendant, at the Seoul Central District Court, sentenced four years to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (math) and completed the execution of the said sentence on February 4, 2019.

[Criminal Facts] Psychotropic drugs under Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Psychotropic Drugs, Etc., other than persons handling narcotics, are psychotropic drugs.

See the classification of the Enforcement Decree of the Narcotics Control Act [Attachment 4]. The penal provision is Article 60(1)2 of the Narcotics Control Act.

(C) No person shall possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, administer, deliver, sell, arrange for sale or purchase of, or offer to, a serial phone, or (hereinafter referred to as “copon phone”), and the Defendant is not a person handling narcotics.

1. 20 highest 1047;

A. (i) On February 17, 2019, the Defendant was charged with the violation of the Act on the Control of Narcotics, etc. (fence) by Jeju District Court 2019Kadan1101 in front of the convenience store located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and appealed from the said court for eight months after having been sentenced to imprisonment on November 29, 2019, and the appeal is pending in the appellate court as the same court 2019No1199.

From the same day, 500,000 won in cash was collected, and around the same day, 2 g a phiphone, which is a psychotropic drug, was sold by putting D in a single-use restaurant located in the Gangnam-gu Seoul Metropolitan Government, only 1g a philopon into D's bank by inserting two g a philopon into D's bank.

B. On March 2, 2019, the Defendant sold approximately KRW 2g of 1 million in cash from D on the street near the New-dong, Yangcheon-gu Seoul Metropolitan Government, and approximately KRW 2g of philopon to D, using a vinyl paper containing approximately 2g of philopon.

B. On April 23, 2020, the Defendant possessing phiphonephones is the Jeju Provincial Police Agency International Criminal Investigation Team located in Jeju-ro 18 (Dong) around 18:08.

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