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(영문) 서울중앙지방법원 2017.11.16 2017고단5195

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

1. On December 2016, the Defendant: (a) provided D with KRW 500,00 in the Defendant’s residence located in Gangnam-gu Seoul Metropolitan Government Ctel 1433 around 19:0 on December 12, 2016; (b) provided approximately 0.35g of the penphones (hereinafter “copon”); (c) 0.05g of the penphones purchased at the Defendant’s residence above the Defendant at around 22:00 on the same day, the Defendant administered approximately 0.05g of the penphones purchased at the Defendant’s residence above the above 22:00 on a coffee; and (d) administered approximately 0.05g of the phone phones in the same way from the above residence of the Defendant at around 22:00 on the following day.

Accordingly, even if the defendant is not a narcotics handler, he purchased and sold philophones and administered them.

2. The Defendant committed the crime of December 30, 2016, committed around December 30, 2016, given D KRW 500,000 to D at the Defendant’s residence indicated in paragraph (1) around around 22:0,00 and, in return, received approximately 0.35 gramphones in return.

Accordingly, even though the defendant is not a narcotics handler, he traded phiphones.

3. The Defendant, who committed a crime on December 31, 2016, dump dump, in the Defendant’s residence indicated in paragraph (1) around 01:00 on December 31, 2016, dump the dump of marijuana by attaching the flaf to the flaf on the paper of tobacco.

Accordingly, the Defendant smoked marijuana.

4. On January 3, 2017, the Defendant drank approximately 0.05g of philopon purchased as described in paragraph (2) at the Defendant’s residence on January 3, 2017, at around 02:00, in a coffee.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

5. On January 4, 2017, the Defendant, at around 18:00 on January 4, 2017, sent approximately 0.05g of philophones purchased as described in paragraph 2 in the Defendant’s residence described in paragraph 1 at around 18:0, and sent approximately 0.05g of philophones to e free of charge.

Accordingly, even if the defendant is not a narcotics handler, he provided and administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Copy of each protocol of suspect examination of the police against D and E.