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(영문) 의정부지방법원 2013.11.06 2013고단1945

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

No defendant shall possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, trade, assist in the trade of, give or receive, or deliver, narcotics or psychotropic drugs, unless the defendant is a person handling narcotics.

1. Around February 9, 2013, the Defendant directed the Defendant to purchase psychotropic drugs-related Mesofts (one philopopon; hereinafter referred to as “philopon”) from E in the illegal gambling place operated by the Defendant in Gyeonggi-si, Gyeonggi-si, that he/she purchase 30,000 won from D (one philopon; hereinafter referred to as “D”), and D, at around 03:00 on the same day, issued 30,000 won and 0.2g of a philopon to E, and delivered it to the Defendant around 11:00 on February 10, 2013.

Accordingly, the Defendant conspiredd with D to purchase philophones.

2. Around February 10, 2013, the Defendant received KRW 100,00 from a one-time F at the same place as the above Paragraph 1, and issued F a single-time medication among the phiphones purchased as above.

Accordingly, the defendant sold philophones.

3. The Defendant: (a) around February 10, 2013, at the same place as in the foregoing paragraph (1) above, g, D, and seven persons killed in a name-free box; (b) opened one-time medication on the day of alopphones purchased; (c) dump the steam as soon as possible; (d) dump the steam.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Second-time protocol concerning the examination of the accused by the prosecution;

1. Statement made by the prosecutor of the prosecution with respect to H (one person H);

1. The application of Acts and subordinate statutes to the calculation of additional collection charges;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, the addition of Article 30 of the Criminal Act to Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., the

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