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(영문) 춘천지방법원 2015.03.26 2015고단104
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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. On October 7, 2014, the Defendant wired 450,000 won in the purchase price of psychotropic drugs, Meptiles (one philopon; hereinafter “philopon”) to the Nonghyup Bank account (D) around 21:19, and the same month.

8. At 07:00 Haju, at the Felto E, one son for injection in which phiphonephones were scoped from C.

Accordingly, even if the Defendant is not a person handling narcotics, the Defendant traded psychotropic drugs.

2. On October 14, 2014, at around 19:29, the Defendant remitted KRW 450,000 from the instant Nonghyup Bank account to KRW 450,00,00, and at around 06:00 of the same month, the Defendant received one disposable injection device from C in which phiphones are obtained from the aforesaid Felel around 06:00.

Accordingly, even if the Defendant is not a person handling narcotics, the Defendant traded psychotropic drugs.

3. At around 19:00 on January 27, 2015, the Defendant received one-time injection device from G at the above Fel 105 room containing about 0.1g of phiphones from G, at around 28:00 of the same month, and then, at around 03:00 of the above Fel 101 room, dilution the above phiphones into the left part of the Defendant’s blood injection.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Copy of the suspect examination protocol concerning G by the prosecution;

1. Each protocol of seizure;

1. A certificate of simple inspection of reagents;

1. A criminal investigation report (C's report on confirmation of details of transactions of accounts);

1. Requests for appraisal;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning the relevant criminal facts and the selection of punishment;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (referring to the most severe crime and concurrent crimes on October 14, 2014).

3. Article 62 of the Criminal Act:

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