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(영문) 서울중앙지방법원 2019.03.21 2019고단491
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., one philopon; hereinafter referred to as “philopon”), as follows:

1. The Defendant decided to purchase philophones from B, and transferred KRW 4.50,00 to the C bank account in the middle of July 2018, the Defendant purchased approximately KRW 0.5g of philophones from B in a way that he/she had approximately KRW 0.5g of philophones, which were contained in the vinyl Slobane, concealed in the C-U.D. C-U. C-U. and then purchased KRW 0.5g of philophones from B in a way that he/she purchased KRW 450,00.

Until January 3, 2019, the Defendant purchased approximately KRW 2.15g 1.5g philopon from B and E in total four times, as indicated in the Schedule of Crimes (1) by January 3, 2019.

2. On August 2, 2018, the Defendant: (a) put in a new wall room in the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Felel felcoon in a single-time sponsor; (b) dilution with water; and (c) injected with the Defendant and B in their own arms in a single-time sponsor; and (d) administered sponphones in a way that B injected with G in a single-time sponsor; and (c) G in a way that B gives rise to knenee next to knenee.

Until January 1, 2019, the Defendant, along with G, administered philophones in collusion with G, etc. on three occasions, as indicated in the Schedule of Crimes (2).

3. On January 3, 2019, around 19:05, the Defendant kept approximately KRW 0.18g of philophones contained in plastic bags and approximately 0.12g of philophones contained in plastic bags in the instant H apartment J apartment’s parking lot operated by the Defendant, which was parked in the first floor parking lot of the Seo-gu Incheon, Seo-gu, Incheon, and kept approximately 0.35g of philophones contained in plastic bags inside the dwelling space of the Defendant.

Accordingly, the defendant possessed approximately 0.65 g of philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and G concerning the accused;

1. The prosecutor's statement concerning B;

1. Each protocol of seizure;

1. Each request for appraisal;

1. The smartphone screen;

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