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(영문) 대전지방법원 논산지원 2019.06.11 2019고단190
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

【Criminal Fact-finding】 The Defendant is prohibited from possessing, possessing, using, transporting, controlling, importing, exporting, manufacturing, preparing, administering, giving or receiving, trading, arranging the trade of, or providing narcotics or psychotropic drugs that are not a person handling narcotics.

1. On February 2, 2019, the Defendant purchased clophonephones with a 180,000 won in cash from the “Cruping soup”, which is located in “Cruping Group B,” and in return, the Defendant purchased clophones, a psychotropic drug, using 0.5g clophones (hereinafter “lophones”).

2. Receipt of Handphones;

A. On February 17, 2019, between the end of 17:00 and the end of 19:00, the Defendant: (a) delivered and received philophone 0.15g, free of charge, to G, which is located in a one-time injection machine, in the neighboring street of F real estate in the granted group E, to G.

B. From the end of 17:00 to the end of 19:00, the Defendant was above the Defendant.

G, at the place described in the port, delivered and received 0.15g of philophones contained in the one-time injection machine without compensation.

C. On April 18, 2019, the Defendant was above C around 23:00.

G, at the place described in the port, delivered and received 0.15g of philophones contained in the one-time injection machine without compensation.

3. On April 28, 2019, the Defendant, who administered a scopon, puts approximately 0.05g of copon into alcohol together with I who had a relation of interest in the Defendant’s residence located in H, which was located in the 20:00 Military Hospital H, and dactates it with I.

Accordingly, the defendant, in collusion with I, administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the second examination protocol of suspect; and

1. A copy of the I suspect examination protocol;

1. All copies of G investigation documents;

1. A statement on narcotics appraisal;

1. A report on investigation (report on calculation of the amount additionally collected);

1. Application of the Acts and subordinate statutes to photographs of seized articles, and pictures reactioned to training technicians for simplified narcotics test;

1. Article 60 (1) 2 and Article 4 of the Act on the Management of Narcotics, etc., for which relevant criminal facts and the choice of punishment are applicable;

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