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(영문) 광주지방법원 2015.06.02 2015고단754
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[2015 Highest 754] Notwithstanding that the Defendant is not a person handling narcotics, the Defendant received KRW 500,000 from A.M. to request the psychotropic drugs-related Mespon (one philopon; hereinafter “philopon”) from D on September 8, 2014, and received KRW 500,000 from E at the seat of the Gyeongnam Bank Kimhae-si branch office located in Kim Young-si, Kim Young-si, the above KRW 500,000 from E in 11:14 on the same day, and spoponed the Melopon from E in 12:04 on the same day.

Accordingly, the defendant assisted the purchase and sale of philophones between D and E.

[2015 Highest 1227] Notwithstanding that the Defendant is not a narcotics handler, the Defendant, on December 2, 2014, administered approximately 0.04 grams from E in the “H Hospital” parking lot located in Hannam Kimnam-si, Kim Jong-si, and administered approximately 0.04 grams of the said penphone at the Defendant’s house located in Hannam Kimhae-si I and 201 on the same day, by hanging about 0.04g of the said penphone into coffee.

Summary of Evidence

[2015 Highest 754]

1. Defendant's legal statement;

1. Each statement of the prosecutor's suspect interrogation protocol against the accused;

1. Entry of each protocol of examination of suspect by the police as to D in each statement;

1. Statement made by the police on D;

1. Records of seizure and the list of seizure;

1. Report on internal investigation (related to the details A of internal investigation) and investigation report (report on the market price of phiphonephones);

1. The details of communications data and correspondence, the location of a base station in the details of DNA calls set forth in A and the case, the details of cell phone calls set forth in each mobile phone, the details of cell phone calls, and the price of narcotics

1. Photographss, field-related photographs, and vehicle photographs of a place where philophones are traded;

1. Defendant's legal statement;

1. Each statement of the prosecutor's suspect interrogation protocol against the accused;

1. Investigation report (report on the market price of phiphonephones);

1. Giving an appraisal request, interpretation of the results of identification of narcotics, etc., application of Acts and subordinate statutes on cancer prices and mobile phone calls;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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