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(영문) 수원지방법원 2017.04.20 2017고단167
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On August 18, 2016, the Defendant was sentenced to a suspended sentence of one year and four months for a violation of the Narcotics Control Act at the Seoul Central District Court, and the judgment became final and conclusive on the 26th of the same month.

[2] Despite the fact that the Defendant was not a narcotics handler, around April 2016, requested E to seek Meteptopy (one philopon; hereinafter “philopon”) a local mental medicine, and E was known to the general public.

The F accepted the philophones by attempting to use the philophones and accepting it.

On April 11, 2016, the Defendant remitted KRW 400,000 to the bank account used by F, as notified by E on April 201, 201, the Defendant remitted the purchase price of opon to F.F. After withdrawing it in cash, F purchased approximately 0.6g of opon from H square located in Bupyeong-si G, and then purchased approximately 0.6g of opon from I, to E, and the Defendant received the said opon from E immediately thereafter.

From that time to May 13, 2016, the Defendant purchased approximately KRW 3.3g of philophones in total eight times through E in the same manner as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect under Articles 2 and 3 of the Police for E;

1. Copies of the three-time suspect examination protocol concerning F;

1. A criminal investigation report (a statement of a suspect and accompanied by the statement of a suspect and the statement of his/her accomplice E currency), and file to arrange the contents of E and telephone conversations before

1. Investigation reports (Attachment to the judgment of the first instance court against official E);

1. A report on investigation (report on the calculation of an additional collection charge);

1. A detailed statement of transactions with Korean banks;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The Criminal Act, the suspension of execution;

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