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(영문) 서울동부지방법원 2018.11.22 2018고단3161

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 26, 2018, the Defendant was sentenced to a suspended sentence of two years in August, 2018 by the Seoul Eastern District Court for a violation of the Act on the Control of Narcotics, Etc., and was not a person dealing with narcotics, etc. on August 3, 2018.

1. Around October 3, 2017, the Defendant: (a) transferred KRW 400,000 of the phone amount to the Saemaul Treasury account in the name-free domain in the name of G used by the seller (D E and F) of the 11th floor of the Gangnam-gu Seoul building, at around 02:57, to the Defendant’s residence; (b) on the same day, he/she transferred KRW 400,000 of the phone amount to the Saemaul Treasury account in the name of G used by the seller of the 11th floor of the Gangnam-gu Seoul building; and (c) on the same day, the Defendant purchased approximately 0.5g of the instant philopon, which was brought to by the said person in the vicinity of the H station in Gangnam-gu Seoul at the night; and (d) up to January 7, 2018, he/she purchased approximately 0.4gg of the phone amount in total six instances, such as (1) fluenc.

2. On October 3, 2017, the Defendant administered philophones at the residence of the above Defendant at night, and around 0.5g of philophones purchased as the first time part of the crime concerned (1) in the cans by mixing them with the cans with approximately 0.5g of philophones purchased as the first time part of the crime concerned, and thereafter, the Defendant administered philophones at least six times in total, such as the part of the crime list (2) by January 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to I;

1. Seizure records;

1. Apines and carping narcotics appraisal report;

1. Details of transactions in the accounts of the Saemaul Bank in the name of G;

1. Data on response to personal information of financial institutions;

1. Photographs materials (diagraphs with sellers);

1. Previous convictions: Application of Acts and subordinate statutes of inquiry about criminal history and investigation report (the confirmation date A of the suspect A);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 62(1) of the Criminal Act 1.