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(영문) 광주지방법원 2018.08.30 2018고단2655
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meart clocks (one philopon; hereinafter “philopon”) which are a local mental medicine as follows:

1. On October 21, 2017, the Defendant remitted 3,40,000 won to the Agricultural Cooperative Account (E) with D’s name used by C around October 21, 2017, and then purchased and sold phiphones from C at the house located in Seocheon-gu, Seocheon-si, Seocheon-si around the same day.

2. The Defendant, at the same time and place as above, administered chophones in a way that chophones were cut off by inserting chophones into a gambling place with C and raising the bottom of the chophones by using a medication instrument made by sticking chophones as soon as possible on the disease containing water.

3. The Defendant, by bearing half of the amount with G, intended to purchase philophones.

On February 16, 2018, the Defendant remitted KRW 400,000 to a new bank account with H around February 16, 2018, and G received approximately 0.7g opon from H at the Jel located in Dongdaemun-gu Seoul around February 17, 2018.

Accordingly, the defendant conspireds with G to sell philophones.

4. On February 17, 2018, the Defendant: (a) at the Jel located in Dongdaemun-gu Seoul Metropolitan Government around February 17, 2018, administered a phiphone by using a medication system that sets up a scopon with G by cutting the bottom of the copon into a scopon; and (b) using a medication system that sets up a scopon with a scopon on the disease containing water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G by each prosecutor's office (including the part concerning the statement of H);

1. A copy of a seizure report and each indictment;

1. The details of each currency and each account transaction;

1. Application of Acts and subordinate statutes to a criminal investigation report (including details of transaction in the bank account with a new bank account used for the purpose of public H), investigation report (report attached to a pssacing medication organ, etc.), investigation report (report attached to a suspect A telephone record), investigation report (report on the calculation of an additional collection charge);

1. Narcotics, etc. in relation to the corresponding legal provisions and the choice of punishment for the crime;

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