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(영문) 의정부지방법원 2016.07.18 2016고단1694
마약류관리에관한법률위반(향정)
Text

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

[criminal history] On January 28, 2016, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Act on the Control of Narcotics, etc. in the Goyang Branch of the Jung-gu District Court (hereinafter referred to as the “Act”), and the judgment became final and conclusive on February 5, 2016.

[Criminal facts]

1. Even if the Defendant is not a narcotics handler, on March 2015, the Defendant: (a) put a disposable injection device containing approximately 0.5g of Metrophaculs (hereinafter “copon”), which is a local mental medicine, in the box of the advertisement site near the house of 701 C of the building B in the middle of 2015, and (b) had C search for it; and (c) purchased and sold the instant phiopon from the non-fopons in Doducheoncheon-si, the Defendant purchased and sold the instant phiopon from C by receiving KRW 250,000 from the non-fopons located in Dongducheon-si.

2. Even if the Defendant is not a narcotics handler, upon receipt of a request from a policeman C to seek phiphones, and received KRW 2.50,000 from a national bank account in the name of the Defendant, and received KRW 250,000 from the national bank account in the name of the Defendant. On the same day, the Defendant purchased and sold a disposable injection containing approximately 0.5g of phiphones in the advertisement box of the above 1, thereby having C find it.

3. On May 7, 2015, the Defendant received KRW 250,000 from C to a national bank account in the name of the Defendant, and received KRW 250,000 from the bank account in the name of the Defendant, and on the same day, purchased and sold a disposable injection containing approximately 0.5g of philopon, in the advertisement box of the above 1.5g, by having C find it.

4. Even if the Defendant is not a narcotics handler, on June 2015, promised to receive KRW 2.5g 0.5g philopon from C to receive KRW 2,50,000, and on the same day, the Defendant purchased and sold a disposable injection device containing approximately 0.5g philopon in the advertisement box of the above 1st day, thereby having C find it.

Summary of Evidence

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