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(영문) 의정부지방법원 2020.08.20 2020고단1952
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for three months.

750,000 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 February 13, 2020, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on February 13, 202, and the above judgment became final and conclusive on June 6, 2020.

【Criminal Facts】

Defendant, who is not a narcotics handler, shall not trade, assist in the trade of, give or receive, possess, possess, use, manage, prepare, administer, or provide psychotropic drugs.

1. On December 19, 2018, the Defendant received from Kim Jong-si Co., Ltd to receive the scopon volume (one-time medication) from C in the method of delivering the scopon volume at home.

2. Around March 7, 2019, the Defendant: (a) purchased philophones from C by telephone; (b) purchased philophones from F from E on the street in front of E located in Gun, not later than the next day; and (c) purchased and sold 150,000 won of philophones to C.

3. Around March 15, 2019, the Defendant: (a) purchased a philopon volume by telephone to C; (b) remitted KRW 500,000 to C’s account of community credit cooperatives (G) under the name of C with the purchase price of philopon; and (c) traded the philopon volume by receiving delivery from C from Gunsan-si to chilopon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Details of telephone conversations between C and the suspected person, communications data to the suspected person-friendlyJ, photographs showing the phone address of the suspected person, K (C-used mobile phone) communications data, records of call recording of the suspect and the upper line, records of account transactions in the name of C and his wife, one copy of the phone dispatch of the suspect and the upper line C, and records of the currency related to the criminal facts of the main case of the suspect and the upper line C;

1. Before judgment: Application of Acts and subordinate statutes as references to criminal records, written judgments, and reference materials bound in court records on August 19, 2020 (Korean District Court Decision 2019No5020, Feb. 13, 2020; 201No.5020, Feb. 13, 2020);

1. Relevant provisions concerning facts constituting an offense;

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