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(영문) 수원지방법원 성남지원 2015.09.17 2015고합139
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment 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

1. On January 16, 2015, the Defendant violated the Act on the Control of Narcotics, etc. (mariana) received a request from D to “the location to purchase marijuana seconds” from the government around 00 o'clock C403 at o'clock, even though he is not a person handling narcotics. On January 16, 2015, the Defendant was transferred KRW 200,000 from the purchase price to the account under the name of the Defendant around 20,000.

On January 16, 2015, at F’s residence in Mapo-gu Seoul, the Defendant 22:30,000 won (including the amount received by the Defendant from D as the price for marijuana and the money received from D as the price for marijuana) was 30,000 won.

Then, around January 16, 2015, at around 24:00, the Defendant dried approximately 2g of marijuana purchased from D on the front of the coffee specialty of “H” located in Mapo-gu Seoul Metropolitan Government G.

Accordingly, the defendant assisted the trade of marijuana.

2. On February 2, 2015, the Defendant, who violated the Act on the Control of Narcotics, etc. (fence) was not a person handling narcotics, but stored approximately 0.1g of psychotropic drugs (i.e., a single, a philopon) stored in a gambling room in which the Defendant was placed and received a request for custody from D at the residence of Do Government C 403 at Do Government-si (C 403).

Accordingly, the Defendant, by facilitating the possession of D psychotropic drugs, assisted it.

Summary of Evidence

1. Defendant's legal statement;

1. Details (Evidence Nos. 6), details of financial transactions, telephone statements, and communications data;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);

1. Article 59 (1) 7 of the relevant Act on the Punishment of Criminal Facts and Articles 3 and 9 (Article 9 (1) 9) of the Act on the Selection of Narcotics, Etc. (Article 60 (1) 2 and 4 (1) 1 of the Narcotics Control Act and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. (Article 59 (1) 7 of the relevant Act on the Prevention of

1. Statutory mitigation is stipulated in Articles 32(2) and 55(1)3 of the Criminal Act;

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