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(영문) 서울중앙지방법원 2020.05.14 2020고단718
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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., one philopon; hereinafter referred to as “philopon”), as follows:

1. On February 1, 2019, the Defendant, along with B, decided to purchase philophones from a seller of narcotics, etc. on the name-free narcotics, which he/she became aware of through “scambler,” which is a smartphone SNS online connection with B, and on February 4, 2019, the Defendant purchased philophones in collusion with B by collecting KRW 2.5 million in cash, and KRW 3 million in cash from the Defendant at KRW 2.5 million in cash, and KRW 5 million in total at KRW 3 million in cash from the place near the D Station located in Suwon-si, Suwon-si, Suwon-si, according to the order of the seller, the Defendant purchased philophones in collusion with B by collecting approximately 5 g of philophones.

2. Medication of phiphones.

A. On February 4, 2019, around 21:30, the Defendant administered the scophophone volume purchased as above by affixing it on hand.

B. On May 2019, the Defendant administered the Fpark in the Seocho-gu Seoul Metropolitan City F Park parking lot by affixing the scamphone’s non-phone’s quantity purchased at the Defendant’s Genz car owned by the Defendant at the above-mentioned Genz vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol concerning B;

1. Each protocol of seizure and the list of seizure;

1. A written appraisal of narcotics with each country and a written confirmation of the time of urine engineering testing;

1. Details of currency;

1. Each investigation report, internal investigation report and the application of Acts and subordinate statutes attached thereto;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 2 (b) of Article 2 of the Act on the Management of Narcotics, Etc. (Article 30 of the Criminal Act concerning purchase and medication, and purchase) concerning the facts constituting an offense, the choice of imprisonment with prison labor

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

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