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(영문) 인천지방법원 2020.02.18 2019고단9007
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

The defendant is not a person handling narcotics.

around 20:43 on July 16, 2018, the Defendant: (a) transferred KRW 400,000 to the CF account in the name of D (E) designated by the seller of Metepia (i.e.) psychotropic substances in the name-free psychotropic substances in the Nam-gu Incheon Metropolitan City (hereinafter “Handphone”); (b) around that time, the Defendant attempted to purchase a written phone by finding approximately 0.5g of the philogram, which was concealed in advance by the winners of the above name in the second floor of the non-related coffee shop in Gangnam-gu Seoul Metropolitan Government. However, the Defendant failed to find it.

Accordingly, the defendant tried to trade philophones, but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. A report-report on internal affairs - Attachment of the specific details of the purchaser of the opphone and evidential materials, a statement of the opphone administereder (G-Duplicate), a copy of the investigation report-a copy of the results of search of the opphone cell phone, and

1. Data on personal information replies (H), family relation certificates, etc. of financial institutions;

1. The details of transactions in the accounts of the Association E in the name of D and the J account of the I Bank under H;

1. Application of Acts and subordinate statutes to CCTV analysis data of financial institutions;

1. Article 60(3) and (1)2 of the Act on the Control of Narcotics, Etc. (Amended by Act No. 15481, Mar. 13, 2018); Articles 4(1)1 and 2 subparag. 3(b) of the same Act concerning criminal facts; Articles 60(3) and 4(1)3(b) of the same Act concerning the selection of a sentence

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the cases of penance, the result of appraisal of urines and urines, etc.)

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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