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(영문) 대구지방법원 2020.02.12 2019고단6304
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On September 18, 2019, the Defendant: (a) found D’s psychotropic drugs, the psychotropic drugs hidden before the fire extinguishing at the location; and (b) purchased MDMA in a way that 2.60,000 won in cash at the Daegu Suwon-gu Branch of F organization E around the same month.

2. The Defendant, along with G, intended to purchase MMA.

On October 9, 2019, the Defendant, in collusion with G, remitted the price of KRW 440,000 to the Hbank account under the name of D, and purchased MMA by means of receiving the boxes containing MDMA 3, sent by D to KX-specific shipment around the 10th of the same month.

3. The Defendant, along with G, had the mind to purchase psychotropic drugs psychotropic drugs.

On October 22, 2019, the Defendant, in collusion with G, remitted KRW 650,00 to the Hbank account in the name of D, and purchased Kenya by means of receiving boxes containing KRW 1.5g of the Kenya, sent by D to KTX-specific shipment on or around the 23th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. Protocol concerning the examination of suspects concerning G;

1. Details of the financial transactions of H banks in the name of D;

1. Each request for appraisal;

1. Each protocol of seizure;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to a criminal investigation report (calculated A additional collection charge of a suspect);

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) (Article 60(1)2, Article 60(1)3(b) of the Act on the Control of Narcotics, Etc., Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act (Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the same Act concerning criminal facts,

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;

1. The crime of this case for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be committed three times by the defendant.

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