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(영문) 수원지방법원 안산지원 2019.09.27 2019고단2285
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 of the final judgment.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Violation of the Act on the Control of Narcotics, etc. (flag) - The Defendant, on January 8, 2019, purchased a phiphone by means of trading KRW 50,000 in cash with the account designated by D on two occasions, from January 8, 2019, when he/she decided to trade in KRW 0.5g of the members B and C in Ansan-si, Ansan-si, the Defendant purchased KRW 50,000,000 in cash from D, and then remitting the remaining phiphone into the account designated by D on two occasions in January 8, 2019.

2. Violation of the Act on the Control of Narcotics, etc. (flag) - The Defendant received and delivered phiphones by means of putting about 1g of plasticphones from D in front of the building near the building located near the unit district in Ansan-si, Ansan-si on March 10, 2019.

3. Violation of the Act on the Control of Narcotics, etc. (flavoon) - The Defendant, in March 2019, administered phiphonephones in a manner of drinking off the philophones at public toilets in the Dong-gu E Park Park Park in Ansan-si, Ansan-si, Annsan-si in order to put the philophones on the balon on the balon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Second police interrogation protocol regarding D;

1. The application of Acts and subordinate statutes to the investigation report (date and time specified for the crime), the investigation report (in response to the results of the appraisal by the National Institute of Scientific Investigation on the suspect's hairs), the investigation report (the calculation of additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes (the trade of philophones, giving and receiving them, and administering them), and selection of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

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