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(영문) 창원지방법원마산지원 2020.11.10 2020고단878
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

Defendant is not a narcotics handler.

1. On March 12, 2020, at around 00:35, the Defendant purchased 590,000 won from a person who was a seller of philophone, who was known through Internet advertisement, to purchase 1g of psychotropic drugs from a person who was a seller of philophones (one philophones). On the same day, the Defendant transferred 590,000 won to an E bank account (F) in the name of D designated by the above winners. On March 13, 2020, around 13:00, the Defendant purchased H Cargo Center located in Changwon-si, Changwon-si, Machip, by receiving a paper 1g of philophones from the H Cargo Center located in G.

2. At around 23:00 on March 13, 2020, the Defendant administered the philophone medication by inserting the philophone non-sopopon volume (the copon volume of the philoopon copon copon copon crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison c

Summary of Evidence

1. Defendant's legal statement;

1. A criminal report (a warrant of seizure (20-3843) is accompanied by replies to the second execution);

1. Written request for an appraisal by the defense of the lawsuit, and a narcotics appraisal report;

1. A written request for an appraisal of maternity and a written request for appraisal of narcotics;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) ( point of purchase and administration of phiphonephones) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

1. From among concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. due to the purchase of heavy phiphones, etc.);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: One month to fifteen years;

2. The sentencing criteria shall be based on; and

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