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(영문) 대구지방법원 서부지원 2019.05.30 2018고단2722
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Power】 On June 20, 2018, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution for violating the Act on the Control of Narcotics, Etc., in the Seo-gu District Court’s Branch Branch, and the said judgment became final and conclusive on June 28, 2018.

【No person other than a person handling narcotics, etc.】 shall trade, provide, deliver, receive, or administer psychotropic drugs-related psychotropic drugs (hereinafter referred to as “chophones”).

1. Notwithstanding that the Defendant is not a person handling narcotics, the Defendant, at around 10:02 on January 9, 2018, intended to purchase 4g of philopon from a bank affiliated with CB branch office in Daegu-gu Seo-gu, Daegu-gu, to purchase 4g of philopon from an unqualified person, and transferred the price of KRW 2 million to a bank account in the name of DB used by the unclaimed person, but attempted to trade philopon without sending philopon.

2. Although the Defendant was not a person handling narcotics, on February 12, 2018, at around 11:46, the Defendant purchased 2 g of the said name from the person who was not the person handling narcotics, and transferred 2 million won to the said account after purchasing 2g of the said name from the said person’s name in the said place, and transferring 2 million won to the said account. After collecting and trading 2g of the penphone from E located in the Daegu Dong-gu, Daegu-gu.

3. The Defendant, on February 15, 2018, administered a philophone medication once in a manner of drinking water after inserting the philophone’s scopon’s scopon’s in hand from the Daegu-gu F apartment G by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of the details of transactions in the account for sales of phiphonephones, the details of deposits made by the suspect on phiphones, the details of the first purchases by the suspect, the details of the second purchases by the suspect, and the details of withdrawals by using his/her card at the time of the second purchases;

1. Written appraisal by the State and the Board, and by the State and the Board, an appraisal report;

1. CCTV images replies;

1. Previous convictions as indicated in judgment: Criminal records, investigation reports (related to the same criminal records and attachment of judgment); and

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