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(영문) 의정부지방법원 2015.03.24 2014고단4804
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 April 19, 2014, around 19:00, the Defendant received a single-use injection from E, which contains approximately 0.2 gram of psychotropic drugs, Metropopers (tentatively referred to as 'propopon'; hereinafter referred to as 'propopon') from Gangseo-gu Seoul, Gangseo-gu, Seoul.

2. The Defendant, at the same time and at the same place, put approximately 0.1g of the phiphonephones received as above into a single-use injection machine, dilution with water, and E, dilution with 0.1g of the phiphonephones owned by himself into a single-use injection machine, and dilution with water.

The Defendant conspireded with E to administer philophones.

3. At the same place of 19:30 on the same day, the Defendant: (a) received approximately 0.4g gramopon from E with the request of E to sell the phiopon; and (b) transferred F to E, at around 20:00 on the same day, at the street in the vicinity of the valleys in Gangseo-gu Seoul Metropolitan City, for 300,000 won for the said phiopon to F, at the same place; and (c) received 300,000 won for the said price.

As such, the Defendant assisted the trade of philophones.

4. On April 201, 2014, the Defendant administered the remainder 0.1g of the penphones received from the Defendant’s dwelling toilets located in G in Namyang-si, Namyang-si, and the remainder 0.1g of the penphones received as described in the above 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to confirm the transaction price of phiphonephones;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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

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