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(영문) 춘천지방법원 2016.04.21 2016고단193
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Defendant is not a narcotics handler.

1. On January 2016, the Defendant received philophones from D, operated by the Defendant in Chuncheon-si, approximately 0.05g of the date in order of the mid- to 19:00, the Defendant received a disposable drinking fraud from E, which is a local mental medicine (hereinafter “philophone”).

Accordingly, the defendant accepted philophones.

2. On March 4, 2016, the Defendant: (a) received a cash of KRW 100,000 as the purchase price of phiphones upon request from F to “copon copon copon copon copon” from F in front of the above D.

In addition, on March 5, 2016, the Defendant, at H dry Part L, located in Chuncheon City, G around 00:0, up to KRW 0.05g of 1,000, 1 disposable-phones fraud, which was covered by F in the ground surface of KRW 1,000.

Accordingly, the defendant purchased and sold philophones.

3. Medication of phiphones.

A. The Defendant, at around 20:00 on the same day as described in paragraph 1, injected phiphones received from E into the water in storage of the foregoing D goods, such as Paragraph 1.

B. On March 6, 2016, around 20:00, the Defendant injected approximately 0.05g of philopon into the warehouse for the foregoing D goods, in which the Defendant puts approximately 0.05g of philopon into the disposable fraud once, and injected in the water with melting.

(c)

On March 6, 2016, the Defendant, at around 23:00, injected approximately 0.05g of philopon into the warehouse for the foregoing D goods, on the disposable fraud, and injected in the water with melting it.

Accordingly, the defendant administered philophones 3 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Three-time protocol of interrogation of the suspect of the police against the accused (including telephone call details);

1. Copy of each protocol concerning the examination of suspect with respect to F;

1. Application of Acts and subordinate statutes to interview with visitors and written expert opinions;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of imprisonment for a definite term, and the selection of imprisonment for a definite term;

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 (the following sentencing grounds are advantageous to the suspended sentence).

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