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(영문) 서울남부지방법원 2018.06.11 2018고단2132
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around February 27, 2017, the Defendant: (a) requested to request the Mebane c or 2.5 million won of the Mebphone sales amount (hereinafter “Mebphone”); (b) moved the Mebphone to the front way of the G church located in Ansan-gu E or F, and then received approximately 10g of the Mebphone sales amount from the Mebane (hereinafter “Mebphone”); and (c) returned to the above Defendant’s residence and was waiting at the place. (d) returned to the said Defendant’s residence. (e) returned to the Mebol E or F and moved to the G church located in Ansan-gu, and was waiting for the use of the Mebane sales amount.

D delivered approximately 10 g of the philophones to D.

Accordingly, the defendant assisted the purchase and sale of philophones between D and a person without name.

2. Around March 13, 2017, the Defendant: (a) requested the Defendant’s residence as indicated in paragraph (1) to request the Defendant to use the phiphones; (b) opened KRW 100,000,000,000,000,000 from the said D; (c) moved to the front of the said G church; (d) moved the said G church to the front of the said Gphones; and (e) got approximately 2.4 g of the said phiphones, which were in the three strings of the instant G church; and (e) returned to the Defendant’s residence and was waiting at the said place.

D sent the above philophone 2.4g to D.

Accordingly, the defendant assisted the purchase and sale of philophones between D and a person without name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on September 25, 2017 to D;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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