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(영문) 수원지방법원 2018.08.10 2018고단775

마약류관리에관한법률위반(향정)

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A defendant shall be punished by imprisonment for a term of one year and two months.

70,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

On July 21, 2016, the Defendant was sentenced to a suspended sentence of one year for a crime of violation of the Narcotics Control Act at the Gwangju District Court on July 21, 2016, and was sentenced to a suspended sentence of two years on July 29, 2016, and is not a narcotics handler.

1. On August 4, 2017, around 22:36, the Defendant: (a) reported a sales advertisement of Mectoptop (one philophone; hereinafter referred to as “Mectop”) which is a local mental medicine published on the Internet at the regular branch of the branch of the C Bank located in Gwangju Seo-gu, Gwangju; (b) ordered the seller of the mobile phone SNS (E, etc.) to use a penphone; and (c) transferred KRW 700,000 to the C bank account in the name of F that the seller notified; and (d) purchased the Mectop (E, etc.) by means of sending the Mectop to the Mecon account in the name of F that the seller known to him at around 03:00 on the following day, and purchasing approximately 10,000 of the Mectop phone contained in the plastic bag by mail;

2. Around January 23, 2018, the Defendant administered 0.5g of philophonephones purchased from the care room of the ordinary districts in the Seo-gu, Seo-gu, Gwangju, Seo-gu, by inserting approximately 0.5g of philophones purchased in a transparent glass bottle, and then raising the bottom of the Rabter by drawing them into a smoke.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A second-time suspect examination protocol against the accused;

1. Each investigation report (records on suspect A mobile phone H search, I and the mother of a suspect, and calculation of a surcharge);

1. Two copies of the details of transaction in the bank account in the name of F, the details of remittance of the purchase price of phiphones on August 4, 2017, CCTV data and photographs of financial institutions, and appraisal records;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification of the degree of suspension of execution and attachment of the same previous convictions and judgments);

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3 of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts.