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(영문) 인천지방법원 2020.12.03 2020고단5247
마약류관리에관한법률위반(향정)
Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence), etc. on August 23, 2019, and the judgment became final and conclusive on May 6, 2020.

Defendant

B On June 5, 2019, in the Suwon District Court's Ansan Branch, the sentence was finalized on June 13, 2019.

【Criminal Facts】

Defendant A is not a person handling narcotics.

Nevertheless, around the middle of November 2018, the Defendant received KRW 400,000 from B in front of the luculp parking lot near the Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City, and sent one injection flag containing a mercule, a psychotropic drug (hereinafter “philopon”).

Accordingly, the defendant traded philophones.

"20 highest 7874"

1. Notwithstanding that Defendant B is not a person handling narcotics, on November 2018, the Defendant received approximately 0.07 galphones from A at a public parking lot near the E-cafeteria in Bupyeong-gu Incheon Metropolitan City, which was received from Defendant B without compensation.

2. Although Defendant A is not a person handling narcotics, the Defendant provided 0.07 gramphones to B at the time and place specified in the foregoing Paragraph (1) and provided phiphones without compensation.

Summary of Evidence

"200 Highest 5247"

1. The defendant A's partial statement

1. Copy of each protocol of suspect examination of the police as to B;

1. Investigation report (verification of confirmation of judgment on the crime B, report of the market price, and calculation of the amount additionally collected);

1. Previous records of judgment: Criminal history records, investigation reports (verification of confirmation of judgment of the same kind of suspect), two copies of the judgment attached thereto, and current status of personal confinement";

1. Defendants’ respective legal statements

1. A report on internal investigation (an analysis of the details of mobile phone calls used by an informant A and an attachment of details of telephone calls);

1. The investigation report (the confirmation of the final judgment against the person B and the calculation of additional charges).

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