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(영문) 인천지방법원 2019.07.26 2018고단9360
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence of heading 6, 11, 12, 15, 17, and 19, respectively.

Reasons

Punishment of the crime

[Criminal Power] On July 6, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court, and completed the execution of the sentence on January 24, 2018.

【Criminal Facts】

2018 Highest 9360 Defendant treated narcotics as follows, although he is not a person handling narcotics:

1. At around 21:00 on September 12, 2018, the Defendant, at the vicinity of the Cheongcheon-gu Incheon Bupyeong-gu Office, Cheongcheon-gu, Seoul, Cheongcheon-gu, Dancheon P, Mabropers (one philopon; hereinafter “philopon”) containing approximately 5 g of approximately 5 psychotropic drugs, and on the same day, at around 21:36, 50,000 won out of the sales proceeds in the E’s F account (Account Number: G) used by the Defendant, transferred the remainder of KRW 50,000,000 of the sales proceeds to D and sold the Dolopphone to D on October 21, 2018.

In addition, from that time until December 3, 2018, the Defendant received philophones and marijuana over a total of 23 occasions, such as the list of crimes in the attached Table (excluding No. 16,17,21 a year).

2. On December 2, 2018, the Defendant: (a) administered a penphone of approximately 0.03 ghon from the Defendant’s residence of Bupyeong-gu Incheon, Bupyeong-gu; (b) injected a penphone by drinking it on a coffee; (c) put about about 0.5g of marijuana into a pipe in a spon; and (d) smoked in a smoke way by drinking it.

3. On December 3, 2018, around 16:58, the Defendant: (a) stored plastic bags containing approximately KRW 98.7g of philopon in a shopping bag on the second floor in the K Station located in the J of Gwangju-si; (b) kept the plastic bags in the said history parking lot; (c) kept the plastic bags containing approximately 0.05g of marijuana in a car parked in the said history parking lot by inserting it into a plastic bag containing approximately 0.61g of marijuana, which is parked in the said history parking lot; and (d) carried the rophone and marijuana respectively.

4. On December 3, 2018, at around 19:14, the Defendant, at around December 19:14, 2018, contained approximately 0.34 g of philopon on the part of a female living together with the head of Bupyeong-gu Incheon M and N, in the front of the dwelling, etc., and double-bin plastic bags containing approximately 0.34 g of marijuana.

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