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(영문) 의정부지방법원 2018.01.08 2017고단5246

마약류관리에관한법률위반(향정)

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1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendants are not narcotics handlers, and cannot deal with Metephopics (one philopopon; hereinafter referred to as “philopons”) which are local mental drugs.

1. From September 5, 2016 to September 6, 2016, the Defendant: (a) placed approximately 0.1g of philophones acquired from the books of sale of philophones known through Internet search in a single-use injection instrument; (b) injected one philophones by means of injection into the Defendant’s arms blood cells; and (c) administered the philophones on four occasions from the above day to July 1, 2017 by means of dilution into the Defendant’s arms; and (d) administered the philophones over five occasions.

2. From September 5, 2016 to September 6, 2016, Defendant B administered 4 penphones as shown in attached Table 2, from around the above day to July 1, 2017, in the dwelling area of Speaker E, the Defendant administered approximately 0.1g of the rophones brought by A, in a way of drinking in beer with a beer, from among the rophones brought by A, and used approximately 0.1g of the rophones.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Application of Acts and subordinate statutes of each request for appraisal (No. 35 through 37) and reply to a report on internal investigation (including the details of the commencement of internal investigation), the contents of conversation, photophones, deposit details, each record of seizure and list of seizures, CCTV images, transaction details by account, and each statement of accounts;

1. Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Narcotics Control Act (the purchase and medication of phiphones, the selection of imprisonment with prison labor), and Article 60(3)2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Act on the Control of Narcotics, Etc. (the attempted purchase of phiphones, the selection of imprisonment with prison labor), and Article 60(1)2, Article 4(1)3(b) of the Narcotics Control Act (the attempted purchase of phiphones, and the selection of punishment): Defendant B: each of Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act.