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(영문) 대전지방법원 홍성지원 2013.10.30 2013고단489
마약류관리에관한법률위반(향정)
Text

Defendant

A and D shall be punished by imprisonment of one year and four months, by imprisonment of eight months, and by imprisonment of one year and two months, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Suwon District Court on April 19, 2012 and completed the execution of a sentence on January 3, 2013. Defendant C is a person who was sentenced to imprisonment for a year and a suspension of execution for a violation of the Act on the Control of Narcotics, etc. at the Daejeon District Court on March 29, 2013. Defendant C is a person who was sentenced to imprisonment for a year and a suspension of execution for a violation of the Act on the Control of Narcotics, etc. at the Daejeon District Court on April 6, 2013. Defendant D is a person who was under a suspension of execution after the said judgment became final and conclusive on April 6, 2013. Defendant D was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Suwon District Court on June 22, 2012 and completed the execution of the sentence in the official prison on March 19, 2013.

[2013 Highest 489]

1. Defendant A was a person who is not a handler of psychotropic drugs;

A. On March 2013, Around the same date, at the bus terminal at Ansan-si, Asan-si, sent 300,000 won in cash to L via the cargo house line, and purchased approximately one gram of psychotropic drugs-related Mespacters (i.e., a single philopon; hereinafter referred to as “philopon”) by being issued from L in the above manner;

B. Around March 2013, at the end of Ansan-si bus terminal, administered approximately 0.03g of philophonephones delivered as above in water in a way of injection to the right cryp sphosomes by melting them into water;

(c) around March 2013, via an open bus terminal in Incheon, sent approximately 0.2g of philophonephones contained in a single-use injection terminal using cargo stacks to M, and trade them after receiving KRW 20,000 in cash from M in the same manner as that of M;

(d) around April 2013, as soon as possible, sent 300,000 won in cash to L via the cargo-based bus terminal located in Daegu at the bus terminal at Ansan-si, Ansan-si, and purchased approximately one gram of psychotropic drugs from L by the same method;

(e) Paragraph (d) above at a toilet for an express bus terminal in Ansan-si on April 2013.

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