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(영문) 수원지방법원 2017.11.30 2017고단3602
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

250,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Metropha (one philopon, hereinafter referred to as “philopon”) which is a local mental medicine as follows.

1. On February 12, 2017, the Defendant offered approximately 0.03g of philopon to D at a low time in Chungcheongnam-si, Chungcheongnam-si 304.

2. The Defendant, at the same time and place as paragraph 1, administered 0.03 gramphones by inserting them into a disposable injection machine, dilution with water, and in an injection with the Defendant’s arms.

3. On May 13, 2017, the Defendant: (a) recruited the Defendant to purchase a penphone from the nameless person who became aware of through a smartphone printing app, and purchased a penphone by means of receiving approximately 0.05g of a penphone contained in a transparent plastic bag in the nearby plastic bag, with the above E at around 20:00 of the same day, after remitting KRW 50,000 to the agricultural bank account of the above names in the passbook without passbook; and (b) then, at around 20:00 of the same day, the Defendant purchased a penphone by receiving approximately 0.05g of a penphone contained in a transparent plastic bag in the neighboring plastic container.

4. On May 13, 2017, the Defendant administered 0.02 gh, which is a half of philophones purchased, such as paragraph 3, at the 1stopon room or the 2ndopon room located in H in Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Copy of each protocol concerning the examination of suspects of E by the prosecution;

1. A copy of the D currency details; and

1. Each newspaper of communications data;

1. The details of each A sent to D, and those of each D sent to A;

1. Report on internal investigation (the analysis of monetary details and the reasons for entry);

1. Investigation report (verification of suspect mobile phone use);

1. A report on investigation (suspect's criminal investigation, etc.);

1. Investigation report (Investigation of the details of currency of the official E) and accomplice E currency details;

1. Investigation report (in response to a request for appraisal), response to a request for appraisal, and a report on narcotics appraisal;

1. An explanatory invoice (a letter on narcotics, A reproduction) and an appraisal report on narcotics attached thereto;

1. Protocols of seizure and list of seizure;

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