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(영문) 인천지방법원 부천지원 2013.11.14 2013고단1127
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On November 7, 2011, the Defendant: (a) sought psychotropic drugs-related Mepacters (one philopon; hereinafter “philopon”); (b) remitted KRW 100,000 to the account of the National Bank in the name of C; (c) around the same day, C paid KRW 100,000 to F; and (d) purchased approximately 0.1g of the philopon, which is contained in the male-gu Incheon Metropolitan City D, KRW 100,000,000,000 to the Defendant.

Accordingly, the Defendant conspired with C to purchase philophones.

2. On January 1, 2012, the Defendant purchased approximately 0.1g of philophonephones contained in F in a one-time injection machine at the residence of Nam-gu Incheon Metropolitan City Gtel 205 C at the beginning of January 2012.

3. On January 3, 2012, the Defendant: (a) requested C to use phiphones from F to a new bank account in the name of C; and (b) transferred KRW 200,000 to the said Gtel 205, and (c) around the same day, C paid KRW 300,000 to F, and purchased approximately 0.3g of phiphones that are contained in F in the instant Gtel 205.

Accordingly, the Defendant conspired with C to purchase philophones.

4. On January 3, 2012, the Defendant: (a) taken a single-use injection device containing approximately 0.03g of phiphones 0.03g, which was dilutiond by c from the Gtel 205, for injection into his arms and administered phiphones.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C and F;

1. Seizure records;

1. Details of transactions and additional responses to requests for appraisal;

1. Application of investigation reports (verification of the market price of narcotics) Acts and subordinate statutes;

1. Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Article 30 of the Criminal Act concerning criminal facts (C and the part of public offering)

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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