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(영문) 의정부지방법원 2015.10.05 2015고단2637
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized articles 1 through 5 and 7 shall be confiscated.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 22:00 on June 30, 2015, the Defendant traded phiphones by purchasing approximately 5 grams of psychotropic drugs, from a person whose name he/she became aware of through Internet hosting, from a person who is unable to know the name he/she became aware of through Internet hosting, with approximately 200,000 won of psychotropic drugs.

2. On July 1, 2015, at around 02:00, the Defendant provided Rophones by placing approximately 0.1g of the Dolopon purchased to F without compensation, in front of the Madrosan Hospital located in the Maduk-si Maduk-si, Sinjin-si.

3. Around 03:00 on July 1, 2015, the Defendant provided a philophone by giving approximately 0.1g of the philophone purchased to I free of charge in front of the H Hospital located in Pyeongtaek-si G.

4. At around 05:00 on July 5, 2015, the Defendant: (a) injected approximately 0.05 g of the phiphones purchased at the J of the Y incheon-si; (b) injected the phiphones by inserting approximately 0.05 g of the phiphones purchased at a single-use injection machine; (c) dilution them with water; and (d) injected approximately 0.05 g of the phiphones into a single-use injection machine and dilution them with water, thereby using the phiphones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect regarding L by prosecution;

1. A copy of a protocol of suspect examination of the police against F;

1. 내사보고(피의자 M 상대 수사), 내사보고(위챗-필로폰 거래 메신져 대화내용)

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

1. A suspect's written close appraisal, a suspect's detailed appraisal report, and a reply to a request for appraisal;

1. The application of Acts and subordinate statutes on conversation to the suspect's penphones, the contents of the suspect's penphones, on-site seizure photographs, seized materials, photographic materials, and the suspect's upper line;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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