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(영문) 서울서부지방법원 2016.12.22 2016고단2744
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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, but shall not sell, receive, or administer a psychotropic drug camblopon (hereinafter referred to as “camlopon”; hereinafter referred to as “camlopon”).

1. Sale and purchase of phiphones;

A. On June 23, 2015, the Defendant purchased 10,000 won in cash and traded 1,20,000 won of philopon by purchasing 10,000 won of philopon (10 plastic bags packed in 1g) from D with the arrangement of 10,00g of philopon possessed by D.

B. On July 1, 2015, the Defendant purchased and traded 10,000 won in cash 1.2 million won of a philopon contained in the plastic paper by arranging 10g of a philopon possessed by E from D at the same place as the former 14:30,000.

2. On August 2015, the Defendant received and delivered balon bags containing philophones from G at G’s house near F in the Busan Yan-gu, Busan Yan-gu, and from G, received them.

3. Medication of phiphones.

A. At around 17:00 to 18:00 on January 2016, the suspect contained 0.03g of philophones which were purchased as above in the instant paragraph 1 at the Defendant’s residential toilet located in P of Busan Seo-gu, Busan, the suspect injected them with water and administered them.

B. On February 2, 2016, the Defendant administered 0.03 g of philophones, which were purchased in the same place as the foregoing paragraph 1 at the time of 18:00 on the date, in the same manner as the preceding paragraph.

C. On August 30, 2016, the Defendant administered 0.03 g of philophones, which were purchased and held as set forth in the preceding paragraph, at the same place as the preceding paragraph, in the same manner as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to D and reports on criminal investigations (Analysis of suspect telephone details);

1. Matters concerning the relevant Article of facts constituting an offense and the management of narcotics selected for punishment;

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