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(영문) 인천지방법원 2015.07.16 2015고단2970
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant, around 14:00 on August 4, 2014, remitted KRW 70,000 to the Agricultural Cooperative Account (Account Number: E) in the vicinity of the Namdong-gu Incheon Metropolitan City, the Defendant, at around 14:00, transferred KRW 70,000, as a consideration for the transfer of psychotropic drugs, one disposable injection with approximately 0.05 g of psychotropic drugs (i.e., one philopon; hereinafter “philopon”). On the same day, the Defendant diced approximately 0.05g of Roopon purchased from the Defendant’s house located in the Namdong-gu Incheon Metropolitan City, Incheon, at around 15:00 on the same day.

Accordingly, even if the Defendant is not a narcotics handler, he traded psychotropic drugs, and administered them.

2. On January 20, 2015, the Defendant, along with G, intended to take part in the purchase of a penphone and take part in the purchase of a penphone, to administer each individual.

Accordingly, on January 20, 2015, the Defendant 100,000 won to C in the vicinity of a mutually French restaurant located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, and as a result, she dumped one-time injection equipment containing 0.1g of philopon, and the Defendant and G dump dump on the same day by dividing the philopon purchased at the Iel room located in the Namdong-gu, Incheon at around 23:00 on the same day by 0.05g each of the above 0.05g.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and administered psychotropic drugs in collusion with G, and administered them.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol concerning the examination of suspects (three times) concerning G;

1. J's self-written statement;

1. Each request for appraisal, reply and written appraisal;

1. Application of Acts and subordinate statutes governing remittance details;

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (Provided, That Article 30 of the Criminal Act shall apply to the purchase of penphones conspired with G) of the Act on the Control of Narcotics, Etc. under the relevant Act on Criminal Facts; the choice of imprisonment with labor

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;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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