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(영문) 수원지방법원 2020.03.10 2019고단7996

마약류관리에관한법률위반(향정)

Text

The Defendants shall be exempted from punishment.

Defendant

A 450,000 won, and 100,000 won from Defendant B, respectively.

Reasons

Punishment of the crime

[Criminal Power] On July 24, 2019, at the Sungnam Branch of Suwon District Court, Defendants were sentenced to the violation of the Act on the Control of Narcotics, etc. (fence) in violation of the Act on the Control of Narcotics, etc., Defendant A and Defendant B were sentenced to one year of imprisonment, Defendant B was sentenced to ten months of imprisonment, and the above judgment was finalized on December 20, 201

【Criminal Facts】

The Defendants treated psychotropic drugs as follows, even if they are not narcotics handlers (one philophone; hereinafter referred to as “philophone”).

1. 피고인 A의 필로폰 매수 피고인은 2018. 8. 30. 02:21경 서울 강남구 C에 있는 D조합 동역삼지점에서 성명불상의 필로폰 판매자(탤레그램 아이디: E)가 지정한 F 명의 G조합 계좌(H)로 대금 45만 원을 송금한 다음 그 무렵에 위 판매자가 알려 준 장소인 서울 강남구 테헤란로 선릉역 부근에 있는 불상의 빌딩 계단 부근에서 필로폰 약 0.5g을 수령하였다.

Accordingly, the defendant purchased philophones.

2. At around 04:00 on August 30, 2018, the Defendants: (a) inserted approximately 0.1g of philopon into a disposable injection machine; and (b) injected it into one’s arms after dilution; (c) Defendant B had the said Party A put approximately 0.1g of philopon into a disposable injection machine and dilution it into one’s arms.

Accordingly, the Defendants conspired to administer philophones.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. The details of transactions of accounts with G Cooperatives in F name H;

1. A report on investigation (calculated additional charges);

1. Previouss before ruling: Application of each criminal history record, investigation report (the confirmation of the results of relevant trials, etc.)-related Acts and subordinate statutes;

1. Defendant A of the pertinent Article of the Act on the Control of Narcotics, Etc.: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (in the case of the crime of scopon medication, addition of Article 30 of the Criminal Act) to Defendant B: Article 60(1) of the Narcotics Control Act;