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(영문) 의정부지방법원 2016.04.01 2016고단284
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On January 9, 2015, even if the Defendant and D were not narcotics handlers, on January 9, 2015, when the name near a bus terminal in the upper end-of-end in Jung-gu Seoul Metropolitan Government is unknown, the Defendant requested D to administer the mecopty cloid (the mecopopon; hereinafter “copon”), which is a local mental medicine, by requesting D to administer the mecopty coptyph (the meopphone; hereinafter “copon”), and D, by inserting approximately 0.1g in the mecopon in the mecopic injection and dilution it with water.

After that, the Defendant received a single-use injection from D free of charge, containing approximately 0.2g of philophones.

Accordingly, the Defendant, in collusion with D, administered a local mental medicine even though he is not a narcotics handler, and received a local mental medicine even if he is not a person to handle narcotics independently.

2. On February 19, 2015, the Defendant: (a) around February 19, 2015, the Defendant was not a narcotics handler; (b) on February 19, 2015, in the vicinity of the national highways adjacent to the expressway in the vicinity of the National Highway in the vicinity of Sacheon-si, Sacheon-si, Sacheon-si; (c) 0.5g phiphonephones stored in the paper from D; and (d) delivered KRW 200,000 in cash in return.

As a result, the Defendant traded a local mental medicine even though he is not a narcotics handler.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Notification of the result of appraisal;

1. An investigation report (Attachment of a document describing transactions with the National Bank in D name, SC Japan bank), an investigation report (Attachment of a text message sent by D to A on January 9, 2015), an investigation report (a mobile phone subscriber confirmation made by A and D), an investigation report (the location of a mobile phone sender of D and A around the date and time of a crime), an investigation report (the location of a mobile phone sender of D and A around February 19, 2015), and an investigation report (the confirmation of price of cancer transactions);

1. Application of Acts and subordinate statutes to the national bank under D, the details of transactions with the SC Japan bank, and the details of sending signals D and A during the time of crime;

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

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