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(영문) 광주지방법원 2012.12.27 2012고단6389
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

3.8 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On October 30, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Game Industry Promotion Act in the Daegu District Court's Ansan Branch, and completed the execution of the sentence in the Daegu Prison on May 8, 2009.

【Criminal Facts】

Defendant is not a narcotics handler.

1. On December 18, 201, the Defendant issued KRW 370,000 to D psychotropic drugs purchase price in front of the Daegu North-gu C Hospital, Daegu-gu, with a request to seek psychotropic drugs-related psychotropic drugs (one philopon; hereinafter “philopon”).

Upon the request of the defendant, the above D transferred KRW 3.7 million from the defendant to the account of the community credit cooperatives of phiphone sellers E on the same day, and received approximately 10 g philopon from the defendant in the vicinity of Daegu Dong-gu F, Daegu-gu., the above D sent the above philopon to the defendant who was waiting at the near parked vehicle.

Accordingly, the Defendant purchased approximately KRW 10g 3.7 million from the above E.

2. On November 2012, the Defendant received approximately 0.03 Handphones from H in the vicinity of the G Station at the time of permanent residence in the early police station, and received the penphones without compensation.

3. On November 2012, the Defendant administered mephones by inserting approximately 0.03 gopphones into a single-use injection machine at the I Office at the time of permanent residence of a police officer, and inserting them into a single-use injection machine, melting the biocompons, and administering mephones in a way of injecting them into a single-use surgery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect examination protocol of the prosecution concerning D;

1. Application of Acts and subordinate statutes described in investigation reports (Attachment of Details of transactions between D and E), requests for appraisal, and requests for appraisal;

1. Article 60(1)3 and Articles 4(1) and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201); and Article 60(1)2 and Article 4(1)1 and 2 subparag. 3 of the Act on the Control of Narcotics, Etc.

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