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(영문) 서울중앙지방법원 2016.09.22 2016고단5062
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Even if the Defendant is not a narcotics handler, the Defendant handled Metepha (copon, hereinafter “copon”) which is a local mental medicine as follows.

1. On July 5, 2016, the Defendant expressed his/her intent to purchase a phiphone to C around July 5, 2016, and deposited KRW 600,000 into an account designated by him/her.

On the same day, the Defendant received approximately 0.67g philopon from C on the way in Goyang-si.

Accordingly, the defendant purchased philophones.

2. On July 5, 2016, the Defendant administered philophones in the same manner as indicated below, on five occasions at one’s house located in Soyang-gu Down-gu, Goyang-gu, Goyang-gu, with the volume of philophones into water in a single-use injection machine, and in the same manner as indicated below.

Before July 7, 2016, the head of the above defendant's house "on July 9, 2016, the head of the above defendant's house "on July 10, 2016, the head of the above defendant's house "on July 10, 2016, the head of the above defendant's house "on July 2016, 5205, the head of the above defendant's house "

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Reports on internal investigation (related to tracking men because of the finding of things presumed to be philopon 26 times) and photographs attached thereto, and photographs of suspects C/legal photographs of accomplices;

1. Protocols of seizure and list of seizure (lists of evidence 5, 6);

1. Photographs transferred on July 5, 16. 10:54 Handphones;

1. Application of Acts and subordinate statutes to each letter of appraisal of narcotics (pines, hairs, white shots);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under the Criminal Act;

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