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(영문) 수원지방법원 평택지원 2020.05.19 2019고단1845
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

[Criminal Power] On May 3, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Gwangju District Court on May 3, 2018, and the said judgment became final and conclusive on August 24, 2018.

【Criminal Facts】

Defendant is not a narcotics handler.

1. On October 2017, the Defendant purchased from D the psychotropic drugs in the form of “C” in Daegu Suwon-gu, for KRW 400,000,000.

2. On January 17, 2018, the Defendant: (a) transferred KRW 800,000 to the post office account (E) in the name of D; (b) KRW 300,000 to the post office account (F) in the name of D; and (c) purchased phiphones by means of receiving 2g of phiphones in the amount of 2g of 2g from G, sent by D to non-city bus baggage.

3. On February 6, 2018, the Defendant: (a) transferred KRW 800,000 to the post office account (E) in the name of D; and (b) purchased phiphones in the way of receiving 2g of philophones in the amount of 2g (2g) sent from G using cross-city bus baggage on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A copy of each police interrogation protocol (including questioning) of D or H;

1. Each judgment;

1. Previous convictions in judgment: Investigation report (verification of the same records as A of a suspect) - Application of Acts and subordinate statutes of written judgments;

1. Relevant Article of the Act on the Control of Narcotics, etc. and the Selection of Penalty for the Crime, Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of trade on each penphone) of the Act on the Control of Narcotics, etc. and the Selection of Imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 under Article 62-2 of the Criminal Act;

1. The additional collection = 2.3 million won = the additional collection under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. = 400,000 won in the transaction price of philophones purchased on or around October 2017, and purchased on January 17, 2018.

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