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(영문) 수원지방법원 성남지원 2015.11.18 2015고단2047

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six 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

1. Even if the Defendant is not a person handling narcotics, on December 2014, the Defendant ordered a person whose name is unknown by using a mobile phone camera at the early place of a police station, and ordered a psychotropic drug malkylphone (one gramphone; hereinafter “philphone”), and remitted KRW 500,000 in the name of a new bank account in the name of B designated by the said person, to a new bank account in the name of B.

Then, around 23:00 on December 8, 2014, the Defendant received 10 caps of caps, which contain approximately 2.6g of philopon from the said philopon distributor, via a door-to-door program operator whose name is unknown on the front road of the 28 Manel Manel Association, according to the Songpa-gu Seoul Songpa-gu Seoul.

2. Even if the Defendant is not a person handling narcotics, on March 2015, the Defendant ordered a person whose name is unknown by using a program by sending a cell phone to a mobile phone at an unclaimed place, and then remitted KRW 300,000,000 in the name of the phone price to a new bank account in the name of B designated by the said person.

Then, around 16:20 on March 12, 2015, the Defendant received three caps of a capsulule from a sales agent of the said philopopon, via a door-to-door program operator whose name is unknown on the road near Geumcheon-gu Seoul Metropolitan Government, via which approximately 0.78g of philopon was found.

Accordingly, the Defendant traded psychotropic drugs on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Each detailed statement;

1. Photographs;

1. Application of Acts and subordinate statutes to written appraisal;

1. The choice of imprisonment or imprisonment under Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., under the relevant provision of the Act on the Control of Narcotics, etc.;

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;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. All the arguments of this case are shown in the argument of this case, such as the confession of the reasons for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc., the fact that they are purchased to be administered in person.