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(영문) 수원지방법원 2019.10.11 2019고단3297
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 8 shall be confiscated.

From the defendant 10,420.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, he dealt with the psychotropic drugs-related psychotropic drugs-related Mesophopon (tentatively referred to as “philopon”, hereinafter referred to as “philopon”), as follows:

1. Purchasing philophones;

A. The Defendant: (a) around September 14, 2018, at the vicinity of the residence of the branch in Guro-gu Seoul Metropolitan Government, purchased 2 million won in cash from B with a penphone; and (b) around the same day, around the night, from C nearby Yeongdeungpo-gu Seoul Metropolitan Government, approximately five g of a penphone from B around the night.

B. On February 8, 2019, the Defendant: (a) around 12:00, the Defendant provided KRW 10 million in cash with philopon to E, who is located near D located in the area of Suwon-si; and (b) purchased philopon by taking three philopon, which contain a total of 23g galopon from E in the Defendant’s stampopon in the vicinity of the Busan-si Station, around 21:0-22:00 on the same day.

2. On February 17, 2019, the Defendant administered philophones by inserting the philophones in glass tubes from the Defendant’s dwelling toilets located in G in the sylology and inserting the philophones by heating the philophones into glass pipes and inhaleing the smoke.

3. At around 14:50 on February 18, 2019, the Defendant possessed a philophone by inserting approximately 3.95g of philophones into the clothes of the Defendant’s dwelling located in G in Sungsung-si, by inserting approximately 3.95g of philophones into the clothes of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the examination of suspect B;

1. Statement of police seizure ( February 18, 2019);

1. A report on investigation (attaching an indictment to a public offender);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a narcotics appraisal report);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

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