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(영문) 수원지방법원 2018.02.08 2017고단8020
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant purchased and administered the Megatop cloid (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On July 27, 2017, the Defendant purchased 400,000 won from a new bank located in Gangnam-gu Seoul Metropolitan Government “E” point of “E” to “F”, which is a mobile phone SNS fluorcing G, and ordered the phiphone seller (hereinafter “E”), and wired KRW 400,000 from a new bank account in the name of the said seller known to the said seller to a new bank account (I). At that time, the Defendant purchased 0.5g of phiphone in the fluorial-dong, Guro-gu, Seoul, a place known to the seller, by means of searching for about 0.5g of phiphone in the fluorial-dong, which was located in the fluorial-dong.

2. Medication of phiphones.

A. On July 28, 2017, at around 01:00, the Defendant placed approximately 0.05g of the penphones purchased within the Defendant’s car parking lot in Gangnam-gu Seoul, Seoul, into a single-use injection machine, dilution with water, and administered them for one’s own arms.

B. On November 13, 2017, the Defendant administered approximately 0.05 gramphones at the same place as paragraph (a) at around 18:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of H and K by the prosecution;

1. A criminal investigation report (including details of the commencement of an investigation and appending evidential materials);

1. Investigation report (report on the second disguised transaction from philophone sellers);

1. Images of the contents of conversation divided by “L” and “F” and a photographic data;

1. Records and photographs of seizure related to disguised transactions;

1. Results of appraisal by the Supreme Prosecutors' Office;

1. Details of account transactions with the new bank account holder H:

1. Data on response to customer information in our banks (A);

1. Data on CCTV images and photographs of financial institutions;

1. Each protocol of seizure and each list of seizure;

1. A criminal investigation report (a seizure and attachment of photographs related to a one-time protective device), and photographs related to seizure against A of the suspect;

1. A criminal investigation report (Attachment of data on the currency details of the date of crime), telephone conversations;

1. Investigation reports (the seized articles);

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