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(영문) 인천지방법원 2019.08.13 2019고단2873

마약류관리에관한법률위반(향정)등

Text

The defendant shall be sentenced to two months of imprisonment with prison labor for each crime listed in the annexed Table No. 1 of the List of Offenses.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of three years on January 25, 2019 by the Incheon District Court on January 17, 2019, for a violation of the Act on the Control of Narcotics, Etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc."), and is currently under the suspended sentence.

【Criminal Facts】

1. Despite the fact that the Defendant is not a person handling narcotics, etc., at around 15:00 on January 20, 2019, around 15:00, the Defendant administered a penphone in collusion with C, D, E, etc. on a total of 10 occasions, in collusion with C, and with C, a psychotropic drug-related psychotropic drug-related cambaculon (one camopon; hereinafter referred to as “copon”) at a gambling place, and administered a penphone in a way that cambaculons occurred by heating the cambaculon into a gambling place. From that time, until April 19, 2019, the Defendant administered the copon in collusion with C, D, and E, respectively, by the aforementioned method.

2. No person shall transfer, acquire or possess drugs or other goods, recognizing them as narcotics for the purpose of committing a narcotics crime;

Nevertheless, the Defendant decided to purchase phiphones from G that became aware of through the mobile SNS F, and received 0.5g of 0.5g from G in the Seo-gu Incheon, Seo-gu and Idong around April 6, 2019, at around 01:57, G or cash 40,000 won.

Accordingly, the defendant recognized the back-to-date from G as narcotics and acquired it.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol of suspect examination of G police officers;

1. Seizure records;

1. Written appraisal of narcotics;

1. Details of a suspect's shotphones purchased, and CCTV data;

1. Details of the reservation of the suspect's telecom, CCTV photographs;

1. Details of cell phone calls used by the suspect;

1. Details of transfer;

1. Previouss before ruling: The defendant shall record his criminal records and investigation reports (Attachment, such as a copy of the judgment) in the facts charged in this case by the police.