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(영문) 창원지방법원 진주지원 2017.08.08 2017고단335
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On December 15, 2016, the Defendant made a telephone call to B, called “to request phiphones,” and then remitted KRW 300,000 to B’s account in the name of B, a Metepoper (one philopopon; hereinafter “philopon”), and received approximately 0.03 g of the philopon which arrive as part of bus freight according to B’s instructions, from D located in Gwangju Seo-gu, and sold it.

2. On December 17, 2016, at the Defendant’s house located in Naju City, around 13:00, the Defendant administered approximately 0.03g of the philophone purchased as above to the coffee.

3. On March 12, 2017, the Defendant purchased and sold 350,000 won in cash to H at the front of the residence of G following G H located in J in Jinju-si, and purchased and sold 0.05 g philopon, which is contained in the disposable fraud.

4. On March 12, 2017, the Defendant provided K with approximately 0.05g of clophonephones purchased as above at the JMoel parking lot located in Jinju-si, Jinju-si.

5. On March 25, 2017, at the home of M, the Defendant, around 22:00, administered LV LV 301 on the same day by inserting approximately 0.03g of philopon purchased from H on the same day into the fraud of 193g, and melting the bio-scopon into the blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Copy of the protocol concerning the examination of suspect to the K; and

1. Police seizure records and list of seizure;

1. Each investigation report (to train an appraisal report on urine narcotics and to cultivate the results of maternity appraisal);

1. Application of Acts and subordinate statutes to investigation reports (calculated additionally - 950,000 won);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Article 67 of the Narcotics Control Act;

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