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(영문) 수원지방법원 2016.02.17 2015고단5779

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant, who is not a narcotics handler, did not possess, possess, receive, use, transport, manage, import, export, prepare, prepare, administer, administer, deliver, receive, trade, arrange for trade, or provide a note-to-face, which is a local mental medicine (hereinafter referred to as “written phone”), the Defendant administered and attempted to purchase, as follows.

1. On September 11, 2015, the Defendant: (a) transferred KRW 110,00 won to the Saemaul Bank Account (E) of D, which C known to him/her as the purchase price for five g of opphones, to purchase the opphones at around September 11, 2015; (b) KRW 200,000 won around September 12, 2015; (c) however, the Defendant attempted to purchase the opphones at the wind that he/she could not obtain from D.

Accordingly, the Defendant conspired with C to purchase philophones, thereby making the Defendant attempted to purchase philophones.

2. On November 18, 2015, the Defendant: (a) received from G in front of G around 301 in the F Building 301, a one disposable injection machine containing a philophone 0.03g amount from G in front of the 301buphone at the time of the Government, and entered the said place as a toilet to divers; (b) injected the disposable injection machine into his left arms, and administered the phiphone.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police in relation to C or G;

1. Copies of each police statement made to D;

1. A report on internal investigation (Attachment to the contents of cell phone messages sent and received by a suspect C and his accomplice);

1. Each investigation report (the analysis of the suspect's location, etc. of the base station in real-time with respect to the crime, such as the administration of phiphones on November 18, 15, the details of deposit of the purchase price of phiphones confirmed from the transaction details of the suspect's account, and the calculation of an additional

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

1. Giving replys to the results of appraisal, and replys to the appraisal by each National Institute of Scientific Investigation;

1. Application of Acts and subordinate statutes on a copy of the accounts of the Saemaul Savings Depository;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;