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(영문) 부산지방법원 2020.12.18 2020고단3159 (1)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"200 Highest 3159"

1. On December 1, 2019, at around 01:00, the Defendant transferred KRW 550,000 to the “C” C, located in Busan Jin-gu B, to D’s Kakao Bank Account (E), and purchased psychotropic drug MDMA 5 out of D.

2. On December 14, 2019, at around 04:00, the Defendant purchased 220,000 won in front of the “Fteltelteltel, Busan, Busan, and MA2.3. On December 17, 2019, the Defendant transferred 50,000 won to D’s above account, from the front side of the “Ftel” on December 17, 2019 to D’s above account, and purchased MaMA5.

"200 Highest 4022"

4. The defendant is not a person handling narcotics, and he is not a person handling narcotics, but not a person handling narcotics, shall not trade psychotropic drugs or arrange the trade of psychotropic drugs.

Nevertheless, on April 8, 2020, after receiving the request from G to make it possible for the Defendant to purchase the Kenya from G to communicate the intention to purchase the Kenya, and later delivered the intention to purchase the Kenya, and later, he received the purchase price from G to H, and transferred the purchase price of KRW 9.60,000 to H, thereby having G receive approximately three g of the Kenya from H in the guest room in the International Telecommunication Daegu International Telecommunication Daegu on the same day.

Summary of Evidence

Application of the Act and subordinate statutes to the suspect examination protocol of the defendant concerning H of the defendant's legal statement of 2020 Ma3159, concerning D of the defendant's legal statement of 2020 Ma4022

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is applicable to narcotics, etc. several times.

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