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(영문) 수원지방법원 2020.11.26 2020고단7297

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant dealt with psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

1. The Defendant: (a) around August 2019, issued KRW 200,00 in cash to D on the alleyway near C Station B located in Silung-si; and (b) received approximately 0.3g of philopon.

Accordingly, the defendant purchased and sold philophones.

2. From April 24, 2020 to around the 25th day of the same month, the Defendant received from D the non-opon from D without compensation, in the vicinity of Osan-si Etel at Osan-si.

Accordingly, the defendant accepted philophones.

3. From May 18, 2020 to around the 21st day of the same month, the Defendant dump medication dumping the smoke that occurred by raising the volume of salopon into the salopon in the Osan City F, G, and medication organization, leaving the salopon by heating the salopon into the salopon, and dumping the smoke by burning the volume of salopon in the same way as on the same day.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement (including copies, no. 2, and no. 5) of D with respect to each seizure and seizure list;

1. Report on internal investigation (Analysis of data for confirmation of the fact of communications) and attached documents - reporter D, suspect A's telephone record report (request for appraisal), appraisal request report and narcotics appraisal report attached thereto;

1. Application of Acts and subordinate statutes to a criminal investigation report (the pricing of narcotics and the calculation of additional collection charges);

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 facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.