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(영문) 의정부지방법원 고양지원 2019.02.22 2018고단2207
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

300,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

【Criminal Power】 On April 8, 2015, the Defendant was sentenced to one year and four months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Daejeon District Court on February 9, 2016, and completed the execution of the said sentence in the Daejeon Correctional District Court’s District Court on February 9, 2016, and on April 4, 2017, the Defendant was sentenced to one year of imprisonment for the same crime in the same court on April 19, 2017, and completed the execution of the said sentence in the Chungcheong Female Prison.

【Criminal Facts】 The Defendant is not a person handling narcotics, etc., and is not a person handling narcotics, but sells, administers, or possess Mesophopon (hereinafter “popon”).

1. On June 18, 2018, the Defendant: (a) paid KRW 400,000 in cash to a person who was a sales agent of a philophone (one name D) before the Macheon-si Macheon-si Macheon-si, where the name of the third party in front of the Macheon-si B is unknown; and (b) purchased 0.7 grams of a philophone from the person who was unaware of the name.

2. At around 10:00 on August 12, 2018, the Defendant administered philophones by inserting approximately 0.03g of philophones purchased, as described in paragraph (1), in a injection machine, and dilution with water, and administering philophones to the right arms.

3. At around 15:51 on August 14, 2018, the Defendant: (a) put about approximately 0.04g of philophones purchased as described in paragraph (1) in the E Building F, in a philogram, and stored them in the air conditioners installed at the seat of the Defendant, and carried the philophones.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of simple test of reagents;

1. Written report on the results of appraisal (training of philophones, detection of cloudopopon, net quantity 0.04g) and report on the results of appraisal (training of philoopon);

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Records before and after judgments: Criminal records, probationary records, Daejeon District Court Decisions 2017Ma54, Daejeon District Court Decisions 2014Ma3387, Daejeon District Court Decisions 2014Ma3387, and application of Acts and subordinate statutes;

1. Matters concerning the relevant Article of facts constituting an offense and the management of narcotics selected for punishment;

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