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(영문) 수원지방법원 2019.01.29 2018고단7154
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two months.

400,000 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 November 16, 2018, the Defendant filed an appeal after having been sentenced to one year and three months for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on November 16, 201, and is still pending in the appellate trial.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

around 00:43 on August 11, 2018, the Defendant: (a) transferred 400,000 won in the Cbank account (Account Number: X) in the name of W designated by the DID’E (DID’E) seller at the V-dong C branch in Gangnam-gu Seoul, Seoul; (b) around that time, the Defendant attempted to purchase the phiphone by finding approximately 0.5 g of the phiphone, which was concealed in advance by the person who was missing in the name of Yongsan-gu, Yongsan-gu, Seoul; and (c) was not found.

Accordingly, the defendant tried to trade philophones, but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Y-Use cell phone duplicating results;

1. Details of transactions in W bank X account in the name of Cbank (from June 1, 18 to October 2)

1. Data on personal information replies by financial institutions;

1. Data from CCTV image analysis of financial institutions;

1. Application of Acts and subordinate statutes to requests for an appraisal, reports on narcotics, etc. (defensives, sponsives), and appraisal reports;

1. Article 60 (3) and (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor, concerning facts constituting an offense;

1. The Defendant, on October 13, 2015, was punished for a 2 year and four months under the suspended sentence on the grounds of the transaction, medication, receipt, and possession of phiphones, but committed the instant crime, such as the purchase and attempted purchase of phiphones, and the purchase and medication of phiphones by the Suwon District Court 2018 Godan552.

On the other hand, the defendant recognized the errors in all and reflects them.

The crime of this case is a philophone purchase.

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