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(영문) 대전지방법원 2019.01.24 2018고단4508
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

150,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【Criminal Power” On June 1, 2017, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Daejeon District Court, and completed the execution of the sentence on March 7, 2018.

【Criminal Facts” Even though the Defendant is not a narcotics handler, he dealt with the psychotropic drugs-related Mespophophones (pophophones, hereinafter “popphones”) as follows:

1. On November 12, 2018, the Defendant purchased philophones in a manner that sets up KRW 150,000 in cash at the place designated by the seller of the mobilephones in the vicinity of the main Ri-dong, Daegu-gu, Daegu-gu, and finds out approximately 0.28g of the hidden philophones at that place.

2. At around 22:00 on the same day as Paragraph 1, the Defendant delivered D approximately 0.21g of philopon free of charge in the Defendant’s car parked near the Daejeon Dong-gu Seoul Elementary School.

3. On December 1, 2018, the Defendant administered 0.07 galphones from the Defendant’s home located in Daejeon East-gu E apartment and F around a short time, in a way of drinking in coffee.

Summary of Evidence

1. Defendant's legal statement;

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

1. Copy of each protocol concerning the suspect examination of the police against the defendant, G, H, or D;

1. Each request for appraisal;

1. Details of transmitting text messages;

1. Each report on investigation;

1. Records of seizure and the list of seizure;

1. Application of statutes concerning criminal records;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts (the purchase, delivery, and medication of philophones);

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The period of repeated crimes, even though the defendant for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. has been punished several times as imprisonment with prison labor due to a violation of the Act on the Control of Narcotics, etc.

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