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(영문) 창원지방법원 마산지원 2021.02.17 2020고단1201
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On April 21, 2020, the Defendant: (a) transferred KRW 400,000 from around 14:33, Yangsan-si B, CTM devices, which are designated by the nameless non-merchantphone seller, to the E (F) account in the name-based transaction account; (b) purchased phiphones by means of receiving the amount of phiphones from an irregular place designated by the phiphone seller.

2. On May 11, 2020, the Defendant: (a) transferred KRW 450,000 from around 11, 2020 to the above account designated by the seller of the instant textphone in the manner, such as in paragraph (1) of the said paragraph, the Defendant purchased the textphone by receiving the amount of the textphone in an irregular place designated by the seller of the textphone; and (b) purchased the textphone in such a way as to receive the amount of the textphone in an irregular place designated by the seller of the textphone.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of the police officer regarding I;

1. The application of Acts and subordinate statutes to each investigation report (the process of commencement of an investigation, the inquiry into the details of salaries for suspect health insurance, and the calculation of additional collection charges) on photograph data, copies of narcotics appraisal report, copies of each financial transaction, each photographic data (H CCTV, CCTV, and CCTV), list of seizure, list of narcotics, and records of use of each data, and copies of J opinion;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60, 60, 1 (1) 2, and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The opinion of the prosecutor on the reasons for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: Imprisonment with prison labor for a year: The crimes of narcotics, etc., for which two years are suspended from the suspension of the execution of eight months, need to be strictly punished due to addiction and the personal and social harm resulting therefrom;

However, the defendant recognized the crime of late late and reflects it.

statement is made.

. the same kind;

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