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(영문) 의정부지방법원 2020.11.26 2020고단5076

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

As the Defendant is not a person handling narcotics, he/she shall not trade, assist in the trade of, give or receive, possess, possess, use, administer, prepare, administer, or provide psychotropic drugs (hereinafter referred to as “clopon”).

1. Medication of phiphones;

A. The Defendant from March 2019 to the end of the same year

4. Until the first patrol officer, a single-use injection method was administered in a manner of injecting a sponphone spopon dilution with water in Dongdaemun-gu Seoul Metropolitan Government building B C.

B. Around December 27, 2019, the Defendant administered a disposable injection device in a way of injection into arms containing dialopon fluor’s dilution with water in the above C.

2. On January 6, 2020, the Defendant: (a) conspiredd to purchase and sell phiphones with D; (b) transferred KRW 300,000 of the purchase price of phiphones to an account designated by the seller of phiphones in front of the ATM equipment located in the BTM; and (c) purchased and sold phiphones by means of collecting the volume of phiphones concealed by the seller of phiphones from the head of the Gangnam-gu Seoul Metropolitan Government ATM adjacent to the Gaon-gu Gaon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Each protocol of seizure and each list of seizure;

1. Each investigation report (the report on the collection of articles seized and on the result of appraisal by the State, attachment of telephone conversations between a suspect and D, and calculation of additional collection charges);

1. Each narcotics appraisal report, each gene appraisal report, communications reply data, the Kakao Stockholm dialogue details, and the application of Acts and subordinate statutes on telephone conversations;

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., concerning the relevant criminal facts and the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (fence) and Article 38 (2) of the Criminal Act as stated in the largest holding with respect to the quality

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.