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(영문) 서울남부지방법원 2019.02.15 2018고단5967
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Purchasing philophones;

A. On June 1, 2018, the Defendant: (a) transferred KRW 300,000 of the unit phone price to the G Bank account (H) known by C, D (B AE, D (F) that sells psychotropic drugs, using B at a place where the address in Seoul is unknown; (b) around 20:16, the Defendant purchased the unit phone by finding approximately 0.5g of the unit phone price from the 1st floor toilet of the Government-si terminal of 21:36 on the same day; and (c) purchased approximately 200,000,000 won in total from the unit of the unit phone of the 1st floor of the Government-si terminal of 21:36 on the same day by finding out approximately 0.5g of the unit phone in a way that C et al. concealed in advance; and (d) purchased approximately three times from that to June 28, 2018 in the following manner:

B. On August 7, 2018, at least 15:09, the Defendant, at a place where the address in Seoul is unknown, remitted 80,000 won of philopon to the L Bank account (M) designated by the L Bank Account (BIDJ, hereinafter “K”) that sells philopon to B at a place where the address in Seoul is unknown, and purchased philopon by means of finding approximately 1g of philopopon, which was the bottom of the window on the second floor of the building in Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul.

2. At around 22:00 on June 1, 2018, the Defendant administered approximately 0.2 grams in the manner of drinking water at the automobile repair business office of the Defendant’s automobile repair business of Goyang-dong-gu, Goyang-si, Goyang-si, in a way of drinking water, and the Defendant administered approximately 0.2 grams on five occasions from that time until August 11, 2018, such as the list of crimes in attached Form (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (the first and second examinations);

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

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

1. Each protocol of seizure;

1. A report on investigation (report on the arrival of an investigation);

1. Investigation report (to conduct a disguised transaction with philophonephones -B hereinafter referred to as “F”);

1. The B dialogue between the investigation report B and the F.

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