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(영문) 수원지방법원 2019.01.15 2018고단6418
마약류관리에관한법률위반(향정)
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 of the final judgment.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

1. No one shall widely inform or present information on the sale and purchase, etc. of narcotics, etc. to any third person;

Nevertheless, at around 19:38 and around 19:40 on November 2, 2018, Defendant (BD “C”, hereinafter “D”) has no other transaction on the Internet E-site of “Ip pop-up and pop-up at a place where the address of Seoul is unknown” and “I do not have any other transaction on the part of Ipop-up and pop-up at a place where Ipop-up and do not have any other thing, so I would like to know that I would like to know about the sale of phiop-phones, thereby widely notifying or suggesting information about the sale and purchase of narcotics, etc. to others.

2. On November 5, 2018, around 13:43, the Defendant possessed a phiphone by inserting approximately 15.5g (including plastic bags) total sum of phiphones into two plastic bags for the purpose of selling it to the prosecution investigators who pretended to purchase phiphones in G 14-Gu parks located in Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, Seoul, for the purpose of selling phiphones to the prosecution investigators who pretended to purchase phiphones.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (report on the arrival of an investigation);

1. B dialogueed contents and output with a sales agent; and

1. Each protocol of seizure and the list of seizure (sopphones and mobile phones), (sopphones and mobile phoness, etc.);

1. A report on investigation (Attachment to photographs of seized articles), and a photograph of seized articles;

1. A output of B conversation confirmed by the defendant's mobile phone;

1. Investigative report (Attachment to advertisements), Defendant's writing-phone sales advertisement;

1. Notification of the results of legal and chemical appraisal and application of Acts and subordinate statutes to written appraisal;

1. Article 62 (1) 3 and Article 3 (12) (b) of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense (only referring to the occupation of advertisements using philophones, and including the occupation of advertisements).

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