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(영문) 수원지방법원 2017.10.12 2017고합536
마약류관리에관한법률위반(향정)등
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

1. Notwithstanding that the Defendant is not a handler of narcotics, the Defendant who attempted to purchase phiphones:

A. On December 25, 2015, around 04:07, the Defendant’s house located in Suwon-si, Suwon-si, D apartment 103 Dong 603, which is the Defendant’s house located in Suwon-si, using a mobile phone of 103-dong 603, 603, the Defendant’s cellular phone to purchase the penphone to the seller (E: hereinafter “F”) who is a local mental medicine, by “E”.

Access, while remitting approximately 80,000,000 won per 1g of philophones into the Nong Bank account (G) designated by the seller, it was not delivered with philophones;

B. On January 2, 2016, around 03:10, the Defendant transferred KRW 1 million to the above account to purchase approximately one gram of phiphones from the above Defendant’s home in order to purchase approximately 1g of phiphones in the above manner, but was attempted due to the failure to receive phiphones.

2. Despite the fact that the Defendant is not a handler of narcotics, the Defendant, who is a psychotropic medicine or marijuana, was not a handler of narcotics, and the Defendant was able to keep approximately 3.27gg of “synthetic marijuana” in the same chain “5 Ep-A-A-KB-48 (5F-52)” and “5 Ep-PB-22 (5F-22)” and “a synthetic marijuana” composed of 5 E-P-27gg of the hemp ingredients in its own synthesis and was in the manner of keeping them inside the house of the said Defendant, by inserting them into its own synthesis.

Summary of Evidence

1. Statement by the defendant in court;

1. A written protocol concerning the examination of the prosecution and the police against the accused;

1. A copy of the details of transaction in the NongHyup Account in H’s name, and the details of transaction in the NongHyup Account in the suspect A’s name

1. A letter of appraisal of narcotics (the sequence 24);

1. Application of statutes on records of seizure and lists of seizure;

1. Articles 60(3) and 60(1)2, 4(1)1, and 2 subparag. 3(b) (each attempted purchase of phiopon) of the Act on the Control of Narcotics, Etc. under the relevant Act on Criminal Facts, Article 59(1)5, Article 3 subparag. 5, and Article 2 subparag. 3(a) (see, e.g., Supreme Court Decision 200Da1548, Apr. 1, 200) of the Narcotics Control Act.

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