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(영문) 수원지방법원 2016.07.05 2016고합222

마약류관리에관한법률위반(향정)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled X-Ter and marijuana, which is a local mental medicine, as follows:

1. The crime committed on September 2013;

A. On September 18, 2013, the Defendant for the purchase of X posters and marijuana was proposed to purchase and administer X posters and marijuana from D, E, and consented thereto, and then, around September 8, 2013, the Defendant transferred 1.5 g of 1.5 g of Y from F to K corporate bank accounts in the name of K used by F on the same day, according to C’s instruction. < Amended by Presidential Decree No. 24420, Sep. 8, 2013; Presidential Decree No. 24468, Sep. 18, 2013; Presidential Decree No. 24470, Sep. 18, 2013; Presidential Decree No. 24475, Sep. 18, 2013; Presidential Decree No. 24477, Feb. 1, 2013>

On September 19, 2015, the Defendant: (a) paid KRW 100,00 to C in the “L” singing room located in the racing on September 23, 2015; and (b) paid the previous amount of KRW 100,000 to C by using the EX and marijuana.

The burden of KRW 200,000 out of the purchase price of the above X-type and marijuana was paid by reason of not receiving KRW 100,000,00, and C received the above X-type and marijuana purchase price from D and E.

Accordingly, the Defendant purchased X-si and marijuana in collusion with C, D, and E.

B. On September 20, 2013, the Defendant: (a) administered X posters and smoked for marijuana smoking at the singing room around 00:30 on September 20, 2013, with C’s approval from C for 1.5 hours at the X masters; and (b) returned three of the said marijuana, together with C, D, and M.

Accordingly, the Defendant administered X-gu and smoked marijuana.

2. On January 1, 2016, the Defendant: (a) received from the Defendant, on January 1, 2016, a popon from a popon on the street near an O terminal located in N of the window of Changwon-si on January 1, 2016.

Accordingly, the defendant accepted philophones.

3. On January 11, 2016, the Defendant, who administered a philopon, opened the heat into a philopon bag, as described in paragraph (2) above, at the Defendant’s residence located in Q 22:0 p.m. and 202 on January 11, 2016.