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(영문) 의정부지방법원 고양지원 2016.04.28 2015고단3776
마약류관리에관한법률위반(향정)
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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

Defendant is not a narcotics handler.

1. The Defendant, together with C and D, conspiredd to purchase Metepophophones (hereinafter “philopphones”) (hereinafter “Wlopphones”), a local mental medicine.

On December 2, 2015, the Defendant purchased approximately KRW 2.4 grams from H to G company located in Chungcheongnam-gun-gun F, Da, using C’s E-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

On December 2, 2015, the Defendant: (a) laid off approximately 0.4g of phiphonephones in D and C, which were parked in the J hotel located in J-si, J-si, J-si; and (b) purchased and sold phiphones jointly with D and C, with D and C.

2. On December 2, 2015, the Defendant injected approximately 0.03 grams of philophonephones contained in a single-use injection vehicle in the vicinity of the J hotel on December 2, 2015, and administered it to the Defendant’s arms in a way of injecting it into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Seizure records;

1. Requests for appraisal, response to requests for appraisal, and application of each investigation reporting statute;

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under the relevant Act on the Crime, Article 30 (1) 2, Article 4(1)3(b) of the Criminal Act, Article 60 (1)2, and Article 4(1)1, and subparagraph 3(b) of Article 2 of the Narcotics, etc. Act on the Control of Narcotics, etc.;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to attend lectures;

1. The proviso to Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection (the disciplinary nature);

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