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(영문) 광주지방법원 2019.07.18 2019고단1547
마약류관리에관한법률위반(향정)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Power] On April 6, 2017, the Defendant was sentenced to one year of imprisonment, two years of suspended sentence, one year of imprisonment for some same crime, and one year of imprisonment for some same crime in the Incheon District Court, and one year of termination of the execution of the above sentence in the prison on August 31, 2018.

【Criminal Facts】

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled psychotropic drugs-related Mepters (i.e., a single philopon; hereinafter “philopon”) and marijuana as follows:

1. Around 03:00 on April 6, 2019, the Defendant received hemp and mariphones, respectively, by putting about 250g of marijuana contained in a vinyl paper, from C, which was found in the Defendant’s residence near Mai Government-si B, and sending and receiving approximately 3g of ophophones contained in a vinyl paper to C, respectively.

2. At around 02:00 on April 10, 2019, the Defendant administered philophones by inserting approximately 0.03g of philophones into a injection machine and dilution them with water at the dwelling of the Defendant D and E, and administering philophones by inserting them into the arms of the Defendant.

3. At around 16:40 on April 20, 2019, the Defendant possessed a phiphone by dividing 1.07g of philopon into three plastic paper in the dwelling of the Defendant D and E, the Defendant, at the Government-si, and dividing 1.07g of philop into three plastic paper.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of suspect by the prosecution against C and police interrogation protocol (Duplicates);

1. Investigation report (specific additional statements at the time of the transaction of philophonephone C), investigation report (related to arrest of a suspect, search, seizure and verification warrant), investigation report (related to measurement of philophone weight), investigation report (related to the results of the suspect's simple examination of philophones), investigation report (related to the results of the suspect's simple examination of philophones); and

1. Each protocol of seizure and each list of seizure;

1. Responses to a request for appraisal, replys (in responses to a request for appraisal and penphones);

1. C’s telephone conversations between A and C; and

1. Judgment.

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