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(영문) 대구지방법원포항지원 2020.12.22 2020고단554
마약류관리에관한법률위반(향정)
Text

The punishment of the accused shall be set forth in six months.

Seized evidence No. 3 shall be confiscated.

From the defendant, 100.

Reasons

Punishment of the crime

[Criminal Power] On December 20, 2018, the Defendant was sentenced to imprisonment with prison labor for six months in the Daegu District Court Branch Branch of the Republic of Korea on December 20, 2018, and the Defendant was finally and conclusively sentenced to suspension of execution on December 28, 201

【Criminal Facts】

The defendant is not a person handling narcotics, but not a person handling narcotics, and is not a person handling narcotics, but a person handling narcotics, etc., shall not sell or administer a psychotropic drug clopon (hereinafter referred to as "copon").

1. Sale and purchase of phiphones;

A. On July 18, 2019, the Defendant, in collusion with C on July 13, 2019, transferred KRW 200,000 to a bank account in the name of E designated by D (G) in collusion with C on July 18, 2019, and purchased and sold opphones 0.1g from D, which is enclosed by paper.

B. On July 31, 2019, the Defendant, at around 13:55 on July 31, 2019, purchased and sold phiphones with cash of KRW 70,000,00 from D to D on July 31, 2019, i.e., part I, Hadong-si H, Anndong-si, and approximately 0.04 g of phiphones contained in D for a single-use injection.

2. At around 16:00 on July 18, 2019, the Defendant administered 0.05g of phiphonephones purchased from D as described in the foregoing paragraph (a) by inserting 0.05g of phiphones purchased from D into a single-use injection instrument and dilution them with water.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (30 pages, 34 pages, 40 pages, 104 pages, 109 pages, 151 pages);

1. Each protocol of seizure;

1. Each written appraisal;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (verification of facts during the suspension of execution of sentence) and statutes;

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning the relevant criminal facts, and Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. through which Punishment is elective, or Article 30 of the Criminal Act

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc.;

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