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(영문) 수원지방법원 2016.12.08 2016고단6732
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Despite the fact that the Defendant was not a person handling narcotics, the Defendant mediated the trade of psychotropic drugs-related Megatopists (one philophone; hereinafter “philophone”), and administered them as follows:

1. On October 2, 2016, the Defendant: (a) asked C to purchase and sell phiphones; (b) requested C to transfer KRW 500,000 to D’s account; and (c) assisted C to sell and purchase phiphones by means of taking approximately 0.3g of phiphones from D in front of the F Station No. 4 in Guro-gu Seoul Metropolitan City, 20:00 on the same day and delivering it to C.

2. At around 01:00 on June 17, 2016, the Defendant administered a penphone in collusion with C and H in collusion with the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government, by drilling a hole into a lid of raw water lids from nearby Mart and sticking a rophone by cutting about 0.2g of a rophone into a rophone by using a rophone inhaler, which was made by sticking a rophone into a rophone, and heating a rophone into a rophone, leaving the rophone, and leaving the rophone.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of the police officer with regard to I;

1. Statement of each police statement regarding C;

1. Each written statement of the I;

1. Each report on investigation;

1. Application of Acts and subordinate statutes concerning the contents of each mobile phone and each telephone call;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., Article 30 of the Criminal Act, and

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 ( considered as the following favorable circumstances):

1. The reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. lies in arranging the trade of penphones, which are psychotropic substances to be strictly managed by the defendant.

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