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(영문) 인천지방법원 2019.06.20 2019고단2482
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

No person shall widely inform or present information on the acts prohibited by the Act on the Control of Narcotics, including Sale of psychotropic drugs, on the Internet, etc. in a manner prescribed by subparagraph 2 of Article 2 of the Act on Fair Labeling and Advertising.

On July 6, 2018, at around 17:06, the Defendant, using a mobile phone in Michuhol-gu Incheon Metropolitan City Btel C, visited the Internet-based “D” bulletin board, and posted an advertisement for sales of psychotropic drugs with the content of “Good pop-up and E”.

As a result, the defendant widely known or presented information about the acts prohibited by the Narcotics Control Act to others.

Summary of Evidence

1. Defendant's legal statement;

1. Reports and investigation reports (report on photographs of cellular phones of the suspect);

1. Application of Acts and subordinate statutes on reply to communications data;

1. Article 62(1)3, Article 3 subparag. 12(b), and Article 4(1)1 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 15481, Mar. 13, 2018); the choice of imprisonment for a crime;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order are as follows: (a) the Defendant posted an advertisement for the sale of phiphones through a telecommunications network; and (b) committed such a crime as if the Defendant sold phiphones to the other party. Such a crime is not likely to induce the misuse or abuse of narcotics; (c) the Defendant has a majority of punishment power; (d) it was not revealed whether the Defendant actually possessed phiphones; and (e) it was not revealed whether the Defendant had the phiphones or not; and (e) it was not revealed that the execution of imprisonment was suspended, and the community service order

In addition to the above circumstances, records and arguments such as the defendant's age, character and behavior or environment, motive and background of the crime, and circumstances after the crime are revealed.

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