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(영문) 서울남부지방법원 2020.01.15 2019고단5435
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor 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

No person, other than a person handling narcotics, shall trade or administer a psychotropic drug Mampacule (hereinafter referred to as a "copon"; hereinafter referred to as a "copon"), and the defendant is not a person handling narcotics.

1. On April 3, 2019, the Defendant attempted to purchase philophones at the Central Branch of the C Bank credit located in Yeongdeungpo-gu Seoul Metropolitan Government on April 21:41, 2019, to purchase philophones, and to transfer KRW 4.50,000 to the account in the name of C Bank (E) designated by the deceased of the name, and to purchase philophones. However, the Defendant attempted to purchase philophones at a place designated by the deceased of the name to have a philophones. However, the Defendant attempted to have no phiphones.

2. On April 10, 2019, the Defendant: (a) around 14:37, the Defendant: (b) intended to purchase phiphones from the former one’s nameless beneficiary; (c) transferred KRW 700,000 to the bank account under the name of D bank (E) designated by the latter; and (d) transferred KRW 700,000 of the purchase price of phiphones to the building located in the Songpa-gu Seoul Metropolitan Government (Seoul) and purchased phiphones with approximately 0.8g of phiphonephones in which the male toilet partitionss in the building are located on the top of the building, at around 2:00 on the same day.

3. At around 00:00 on April 11, 2019, the Defendant administered a philophone in a manner that inhales 0.1g of philophone on a gambling day at the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government, and inhales it as soon as possible, at the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Details of transactions between accounts in each D name Cbank E;

1. Data from CCTV images of financial institutions;

1. The application of Acts and subordinate statutes to each investigation report (A urine, Maternal Reactivitys and Appraisal Results / Imposition of Additional Imposition Charges);

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. for which the pertinent provision of the Act and the selection of punishment are applicable to the crime seems to be erroneous in writing.

(hereinafter the same shall apply).

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