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(영문) 대전지방법원 홍성지원 2019.01.16 2018고단689
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 1 or 2 of the seized evidence shall be confiscated from each criminal defendant.

Reasons

Punishment of the crime

【Criminal Power” On July 7, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on July 7, 2016, and completed the execution of the sentence at the Gwangju Prison on July 5, 2017.

【Criminal Facts】 Even if the Defendant is not a narcotics handler, he handled the psychotropic drugs-related Meblopon (one philopon; hereinafter “philopon”) as follows.

1. Medication of phiphones;

A. On January 12, 2018, the Defendant: (a) put the Defendant’s house located in the B Building C into a one-time injection machine; (b) dilution with water; and (c) administered phiphones by means of injection to the Defendant’s scopia.

B. On September 3, 2018, at around 03:30 on September 3, 2018, the Defendant put about approximately 0.07 gopon into a single-use injection machine in a single-use DNA building D, dilution with water, and administered phiphones by means of injecting them into the Defendant’s left arms.

2. At around 04:00 on June 11, 2018, the Defendant received philophones from G with approximately 0.56 g of philophones, which was parked on a road near F in Jinjin-si E, and received philophones from G without compensation.

3. The Defendant holding a phiphones shall be subject to No. 1-B.

In the D Building C, approximately 0.49g philopon was sealed in paper, and then stored in the defendant's bank and carried a philopon.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Investigation report (for the results of analyzing the details of telephone calls and setting the date and time of crimes), suspect mobile phone calls;

1. Protocol of seizure (No. 6 of the evidence list);

1. On-site photographs;

1. Investigation report (measurement of weight of seized articles);

1. A report on investigation (with regard to the date and time of committing an offense);

1. Each narcotics appraisal report and each gene appraisal report;

1. Investigation report (based on the results of analyzing the contents of telephone conversations related to the receipt) and mobile phone calls of a suspect;

1. A report on investigation (related to presumption of the timing for administering narcotics through countries and results of Maternity appraisal);

1. The investigation report, confiscation period and time limit.

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