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(영문) 대구지방법원 2019.11.28 2019고단4784
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1, 4 through 7 shall be confiscated from the accused.

Reasons

Punishment of the crime

[criminal record] On June 1, 2017, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (competence) at the Seo-gu District Court Branch Branch Branch of the Daegu District Court on June 1, 2017, and completed the execution of the sentence in the Chuncheon Prison on March 10,

[Criminal Facts] Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant handled Metepha (one philopon; hereinafter “philopon”) who is a psychotropic drug as follows.

1. Sale of philophones;

A. At around 20:10 on June 12, 2019, the Defendant: (a) laid off the C neighborhood in Gumi-si B from D with the 7.50,000 won of the philopon; and (b) sold a philopon with approximately 2.1g of the philopon.

B. On June 26, 2019, around 20:20, the Defendant, in front of F toilets located in Gumi-si E, 50,000 won of philopon from the above D, and sold 1.4g of philopon to him.

C. At around 13:30 on June 27, 2019, the Defendant: (a) discovered KRW 500,000 from the above D’s philopon; and (b) sold a philopon with approximately 1.4g philopon to him.

2. At around 05:30 on September 4, 2019, the Defendant administered philophones by inserting approximately 0.03g of philophones into a single-use injection machine and dilution them with biophones into his arms.

3. On September 4, 2019, at around 15:05, the Defendant possessed a phiphone in a manner that keeps 0.1ml in the Defendant’s dwelling place, using approximately 4.65g philopon in the part of the Defendant’s dwelling place, and 0.1ml in the part of the Defendant’s dwelling place in the part of the Defendant’s dwelling place, who suffered from blopon in the part of the Defendant’s dwelling place, and the part of the Defendant’s blopon in the part of the Defendant’s dwelling place.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. A report on seizure, a test report, a report on a small or medium vision inspection;

1. Each report on investigation;

1. Previouss before ruling: Criminal records, investigation reports (verification of repeated records and attachment of related judgments), and individuals;

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