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(영문) 서울중앙지방법원 2020.04.09 2020고단182
마약류관리에관한법률위반(향정)
Text

The term of imprisonment with prison labor for the crimes of paragraphs (1), (2) and (3) of the judgment of the defendant shall be four months, and the crimes of paragraph (2) of the judgment shall be six months.

Reasons

Punishment of the crime

On October 17, 2019, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on October 17, 201, and the said judgment became final and conclusive on October 25, 2019.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the following Mepta (one philopon; hereinafter referred to as “philopon”).

1. On July 24, 2018, around 19:52, the Defendant: (a) transferred KRW 400,000 to the Nong Bank account (Account Number E) in the name of the Defendant in the name of the Defendant from the alley in Seoul, the Defendant traded approximately 0.8g of phiphonephones, which was transferred from the name of “F” (user G) at around that time, to D with approximately 0.8g of phiphones.

2. On July 26, 2018, around 01:54, the Defendant: (a) received KRW 200,000 from D in front of the gas station near the Incheon Buddhist Used Car Sales Complex to the account under the name of the said Defendant; and (b) around that time, purchased and sold 0.4g of philophone, which was delivered by the said “F”, to D.

3. On September 2, 2018, around 06:40, the Defendant received KRW 400,000 from D to the account in the name of the said Defendant in front of the convenience store near the Incheon’s used car trading complex, and around that time, purchased and sold 0.8g of philopon to D, which was transferred from the said “F”.

4. At around 18:10 on December 14, 2019, the Defendant: (a) inserted approximately 0.05g of philopon purchased at KRW 100,000 from “F” within the MF6 car owned by the Defendant’s wife in the H building parking lot in Bupyeong-gu Incheon, Incheon, into a disposable injection machine; (b) injected it into one-time injection machine; and (c) injected it into one’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. As a result of the simplified drug inspection, a narcotics appraisal report;

1. A writ of seizure and reply;

1. Investigation report (phophones and photographs of philophones);

1. Judgment.

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