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(영문) 서울서부지방법원 2015.08.25 2015고단1515
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is not a person handling narcotics.

A person other than a person handling narcotics shall not trade, deliver, receive, or administer psychotropic drugs-related metropics (one-name clopphones; hereinafter referred to as "copics").

1. On April 23, 2013, the Defendant: (a) purchased and sold Dopphones from C’s Doppacks car parked in the vicinity of the KTX East-dong, Daegu-dong; (b) purchased and sold Dopphones from C by using approximately KRW 350,000,000, written phone payments to C and approximately 0.35,000,000,000,000,000,000,000,000.

2. On May 23, 2013, around 23:00, the Defendant received chophones from the Defendant’s passenger car parked at the entrance of a large-scale market located in the Eunpyeong-gu Seoul Metropolitan Government Large-dong by putting off approximately 0.06 g of philophones contained in the day-to-day injection machine to E without compensation.

3. On the same day as the above 23:30 day, the Defendant administered philophones by inserting approximately 0.03 gopon into a single-use injection machine, melting the Defendant’s copon into a single-use injection machine, melting the Defendant’s copon, and administering the copon into the Defendant’s copon bloodline.

4. On August 7, 2013, at around 01:30, the Defendant administered a philopon in collusion with G and H by inserting approximately 0.03g of philopon, which was possessed by G and H, into a single-use-use-use-use-use-use-use-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-

Summary of Evidence

[Each fact of paragraphs 1 and 3 at the Time of Sales]

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of police officer C;

1. Investigation report (Attachment to the third judgment) (the fact set forth in subparagraph 2 at the time of sale);

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. Investigation report (Attachment to the E Decision) (the fact of No. 4 at the time of sale);

1. Defendant's legal statement;

1. A copy of the protocol of interrogation of the police officer with H (third time);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to G or H judgment);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Criminal Facts;

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