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(영문) 의정부지방법원 고양지원 2019.09.20 2019고단2066
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

On April 23, 2015, the Defendant sentenced 1 year and 10 months to the violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on April 23, 2015, and completed the execution of the sentence in the Mapo prison on December 30, 2016.

Since the Defendant is not a person handling narcotics, the Defendant may not sell, administer, or possess psychotropic drugs, a psychotropic substance, a psychotropic substance (the term "clopon"; hereinafter referred to as "copon").

1. Sale and purchase of phiphones;

A. On July 25, 2019, at around 01:00, the suspect: (a) paid only 400,000 won in cash to a person who was aware of his/her unknown name while living on the street in Michuhol-gu Incheon City, Michuhol-gu; and (b) purchased and sold phiphones with approximately 1.2g of phiphones.

B. On July 25, 2019, around 17:33, the Defendant traded philopon in a way that the Defendant was parked near D (D) located in Soyang-gu, Soyang-gu C by using approximately 0.1g of philopon, which is 100,000 won in cash from G, in the Flast vehicle operated by G.

2. At around 16:00 on July 26, 2019, the Defendant administered philophones by inserting approximately 0.03g of philophones into a single-use injection machine at the Defendant’s residence located in the Gangseo-gu Seoul Metropolitan Government H apartment I, and dilution them with water, and in a way of injecting them into his arms.

3. At around 16:30 on July 27, 2019, the Defendant, holding phiphones, kept approximately 0.75g of phiphones, which are contained in a one-time folder in the upper end of the original branch of the K Association in the J of Seocheon-si, Seocheon-si, and carried the phiphones.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of interrogation of the police officer G;

1. Records of seizure (Evidence No. 6), list of seizure (Evidence No. 7) and photographs of seized articles;

1. Each request for appraisal;

1. Previous records: Application of criminal records, etc. and investigation reports (the fact of repeated crimes of suspects, and the previous and confirm thereof);

1. Article 60 (1) 2 and Article 4 of the Act on the Management of Narcotics, etc., for which relevant criminal facts and the choice of punishment are applicable;

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