2019 Highest 4293 Violation of the Act on the Control of Narcotics, etc. (franking)

A

Deather (prosecution) and a short-term public trial.

June 5, 2020

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

A penalty of one million won shall be additionally collected from a defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Criminal History Office

Defendant is not a person handling narcotics. No person other than a person handling narcotics is allowed to handle psychotropic drugs-related clocks (one-day clocks).

1. Violation of the Act on the Control of Narcotics, etc. (fence) - Trading of phiphones;

(a) Sale and purchase of phiphones around October 30, 2018;

On October 30, 2018, the Defendant transferred KRW 350,000 to the E-bank account (F) in the name of the E-bank designated by the seller of the penphone in the name of the E-bank in the name of the E-bank in the city B, and purchased and sold the penphone by using approximately 0.5g of the penphone, which is kept by the non-member of the name on the address sign of the non-member of the non-member of the non-member housing in the 21:44 on the same day.

(b) Sale of Handphones around November 14, 2018;

On November 14, 2018, the Defendant transferred KRW 650,000 to the E-bank account (F) in the name of the E-bank in the name of the seller of the penphone in the name of the E-bank in the name of the E-bank in the city B, and sold the penphone by using approximately one gram of the penphone, which is kept by the non-member of the name on the signboard of the address of the non-resident in the name of the Incheon Seo-dong, Incheon at around 23:33 on the same day.

2. Violation of the Act on the Control of Narcotics, etc. (fence) - The occupation of phiphone medication.

(a) Handphone medication around October 30, 2018;

On October 30, 2018, the Defendant: (a) inserted 0.5g opphones into the philophone medication body at L and H, put them into the philophone medication body; (b) caused the postponement of oplophones into a single-use camera; and (c) administered the oplophones in a manner of drinking the oplophones.

(b) Handphone medication around November 15, 2018.

On November 15, 2018, the Defendant: (a) inserted 00:30 : G and H 0.5 gopon into a written phone medication organization; (b) heated the opon into a single-use camera to cause the postponement of opon; and (c) administered the opon in a manner of drinking the opon.

(c) Mophone medication on November 18, 2018.

On November 18, 2018, the Defendant: (a) inserted 0.5g opphones into the philophone medication body at L and H, put them into the philophone medication body; (b) caused the postponement of oplophones into a single-use camera; and (c) administered the oplophones in a manner of drinking the oplophones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. In cases of responding to the statement of transactions in the E bank, bank response data, CCTV-fashion photographs at the time of deposit by a suspect; 1. In cases of investigation reports (in cases of a suspect's urine or hair accompanied by a drug appraisal report) and investigation reports (in cases of confirmation of the market price of the Mat

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account the absence of any such penal power)

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Nam-young