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(영문) 대구지방법원 김천지원 2018.07.25 2018고단77
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who is not a narcotics handler, shall not sell, sell, or administer soft clocks (one philopon, hereinafter referred to as "philopon") which are a local mental medicine.

1. On May 10, 2017, around May 10, 2017, the Defendant called “A (the co-defendant prior to the separation) by phone to E at a non-permanent location on May 9, 2017, and called “A will have the phone number known to E”, and the Defendant would deposit the price with E when sending 0.7g of opphone to E at a non-permanent location.

On May 10, 2017, A received approximately 0.7 g of philopon, which was contained in AAA (AB) designated by E in the name of the Z around 22:59 on May 10, 2017, and the Defendant deposited KRW 500,000 in the name of the purchase price of philopon in the account of the AA (AB) designated by E in the name of the Z.

Accordingly, the Defendant conspiredd with A to purchase philophones.

2. On May 14, 2017, the Defendant: (a) on May 14, 2017, the Defendant: (b) phone called to E in an irregular place on May 14, 2017; and (c) Defendant A received approximately 2.1g of the phone number in a one-time injection machine for which E sent to its location using high-speed bus freight services.

Accordingly, the Defendant conspiredd with A to purchase philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the examination of suspects A by the prosecution;

1. Copy of each police suspect interrogation protocol regarding E;

1. The details of each currency;

1. Application of the Act and subordinate statutes to a copy of the investigation report (a photograph of account details used for committing a suspect);

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for Criminal Facts, Article 30 of the Criminal Act, and Article 60(1)3(b) of the Act on the Management of Narcotics, Etc. for the Selection of Punishment of Specific Crimes

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