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(영문) 창원지방법원 2019.01.17 2017고단3395
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one and half years.

However, the execution of the above punishment shall be suspended for three 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 treated the psychotropic drugs-related Mesofters (hereinafter referred to as the “coponon”) as follows:

1. Purchasing philophones;

A. On May 16, 2017, around 20:17, the Defendant purchased opphones by means of remitting KRW 800,000 of opphones purchase price to a G account in the name of F designated by E, which was known through the Internet hosting App “On-line D,” and receiving approximately 0.7 g of opphones in the margin of vinyls.

B. On May 20, 2017, the Defendant, at around 01:04, purchased phiphones by means of remitting the purchase price of KRW 5,00,000,000 from the K Bank Account under the name of J designated by H (I), and purchasing approximately 4 g of phiphones in Busan Dong-gu, Busan.

2. On May 17, 2017, the Defendant administered philophones by inserting approximately 0.03g of philophones purchased, as described in paragraph (1) above, into a single-use injection machine, and dilution them with water, and then administering philophones by injecting them into his arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and H;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 60 (1) 2, 4 (1) 1, and 4 (1) 2 and 3 (b) of the Act on the Control of Narcotics, etc. for the crimes under the relevant Acts;

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Sentencing criteria;

(a) Type 2 (marijus, flags, etc.), such as the purchase and sale, arrangement, etc. of phiphonephones (determination of types), (b) and (c) (special flags), medication, simple possession, etc.) of narcotics;

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