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(영문) 서울남부지방법원 2017.12.06 2017고단5562

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 2017, the Defendant: (a) requested to request C to request me to c to face-to-face clocks (one philopon; hereinafter “philopon”); (b) transferred KRW 400,000 to C’s post office account at around 21:28 of the same month; and (c) transferred KRW 40,000 as the purchase price for philopon to C’s post office account at around 18:00 of the same month; and (d) sent KRW c to E at around 18:00 of the same month.

Quasi-philophones purchased philophones by finding out approximately 0.8g of philophones.

2. On July 21, 2017, at around 20:00, the Defendant administered phiphonephones by inserting approximately 0.05g of philophones purchased, such as paragraph 1, into a single-use injection machine, and melting them with water, at around 0.8g of philophones purchased, such as paragraph 1.

3. On July 22, 2017, at around 01:00, the Defendant administered approximately 0.05 g phiphones in the same manner as the preceding paragraph at the above Defendant’s residence.

4. On July 2017, the Defendant administered approximately 0.05 g opphones at the residence of the above Defendant in the same manner as that of the preceding paragraph.

5. On August 2017, the Defendant administered approximately 0.05 g of philophones at the residence of the Defendant, and in the same manner as in the preceding paragraph, at the beginning of August 2017.

6. On August 2017, the Defendant administered approximately 0.05 g of philophones at the residence of the Defendant, and in the same manner as the preceding paragraph, at the residence of the said Defendant.

7. On August 2017, the Defendant administered approximately 0.05 g opphones at the residence of the above Defendant, and in the same manner as in the preceding paragraph.

8. On September 2017, the Defendant administered approximately 0.05 g of philophones at the residence of the Defendant, and in the same manner as in the preceding paragraph, at the beginning of September 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the protocol (two times) concerning the examination of suspect with respect to C;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60(1)2 of the Act on the Control of Narcotics, Etc. and Article 4(1)1 of the Act on the Management of Narcotics, Etc. and Article 2 subparag. 3(b) of the Act on the Management of Narcotics, etc., for each of the relevant criminal facts and the choice of punishment

1. Article 37 of the Aggravation of Concurrent Crimes Act.