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(영문) 수원지방법원 평택지원 2018.04.05 2018고단221
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

Defendant is not a narcotics handler.

1. Purchasing cryphophones (hereinafter referred to as "copon");

A. On August 3, 2017, the Defendant: (a) purchased approximately 2g 50,000 won in cash from C in front of the Saemaul Treasury located in the Mocheon-dong, Busan, Busan; and (b) purchased 10,000 won in cash from C in front of the Saemaul Treasury.

B. On October 30, 2017, around 21:30, the Defendant: (a) purchased 70,000 won in cash from G, which was introduced to F as F’s good offices in front of the E convenience store located adjacent to the Nam-gu Busan apartment; and (b) purchased a philopon, which is a local mental medicine, from G, which was introduced as F’s good offices.

2. On October 30, 2017, the Defendant administered philophones by inserting approximately 0.05g of philophones into a injection machine at the Defendant’s residence located in Kimhae-si H around 23:00, and dilution of crophones into the Defendant’s arms. The Defendant administered crophones by inserting them into the Defendant’s arms.

3. On January 30, 2018, the Defendant, holding a philopon, 21:10 around 21:10, by inserting a philopon into a philopon in the front half of the base located in the room in the Defendant’s residence in Kimhae-si H as soon as possible.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation of the suspect of the accused by the prosecution;

1. Copy of each protocol concerning the examination of suspect of the police against F or C;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to each investigation report, each seizure record, and list of seized articles, photographs, and narcotics appraisal records;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Protection and observation, orders to attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The following circumstances are the reasons for sentencing of Article 334(1) of the Criminal Procedure Act.

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