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(영문) 의정부지방법원 2014.04.15 2014고단674

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is not a person handling narcotics.

1. On September 23:30, 2012, the Defendant administered philophones by having F put approximately 0.05g of psychotropic drugs in a single-use injection machine, and dilution them with water at the Eel room located in Yangju City D.

2. At around 23:00 on September 2012, the Defendant administered 0.05 gramphones by the above method, and traded 3.20,000 won to F in terms of the purchase price of rophones.

3. On May 2013, the Defendant: (a) asked F to send approximately one gram of penphones by telephone to F; (b) remitted KRW 700,000 to F; and (c) subsequently, upon receiving approximately one gram of penphones delivered by air freight by concealing in minccot, the Defendant traded phiphones by receiving approximately one gram of air freight.

4. On July 2013, the Defendant purchased and sold 3.20,000 won from the above Ecomel room in 21:30,000, using 3.20,000 won in the name of the purchase price of philophones to F, and trading philophones by receiving clophones with approximately 0.5g of philophones.

5. On July 2013, the Defendant administered approximately 0.05 g of philophones in the above Ecomel room at the beginning 21:30, in the same manner as the written in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of the prosecutor's statement concerning the F;

1. Status of entry or departure;

1. Application of Acts and subordinate statutes to investigation reports (report on the computation of market prices);

1. Relevant Article and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of purchase and medication) of the Act on the Control of Narcotics, Etc., or the choice of imprisonment with prison labor for a crime;

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, Article 60 (3) of the Juvenile Act;

1. An order to attend a course;