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(영문) 수원지방법원 2019.09.03 2019고단1955
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

1,100,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] On April 20, 2016, the Defendant was sentenced to imprisonment with prison labor for ten months and two months for a violation of the Act on the Control of Narcotics, Etc., at an Ansan District Court’s Ansan Branch on April 20, 2016, and completed the execution of the sentence in a female prison on January 8, 2017.

【Criminal Facts】

The Defendant is not a person dealing with narcotics, etc. that can handle psychotropic drugs, such as a psychotropic drug clockopon (one philopon; hereinafter referred to as “philopon”).

1. On May 27, 2018, the Defendant: (a) called “B to seek phiphones; (b) sent 1 million won or less to B; and (c) had B, at around 19:39 on the same day, sent C with 100,000 won of phiphones with the price of phiphones; and (d) arranged B to sell and purchase phiphones by means of sending B with approximately 6g of phiphones from the Defendant’s house located in Ma-gu D and E at the same time on the same day.

2. At around 20:15 on the same day, the Defendant administered philophones in a single-use injection machine after dilution with water at the home of the Defendant listed in the above paragraph (1).

Summary of Evidence

1. Legal statement of the witness B;

1. Details of telephone calls between A-B;

1. B Details of account transactions in the name of the F Bank;

1. A report on investigation (calculated additional charges);

1. Previous Records: Criminal history records, copies of written judgments, and individual confinement status denies all the crimes. However, each of the statements in investigation agencies in B and in this court are specific and consistent, corresponding to B’s mobile route, telephone call details, and mobile phone forwarding base stations at the time. Although the outcome of the Defendant’s defense and maternity appraisal had been voice, the appraisal was made based on the conspiracy of 2-2.5cm in length and 1-4cm in length, immediately after the Defendant was arrested on April 2, 2019.

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