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(영문) 의정부지방법원 고양지원 2015.11.17 2015고단2532
마약류관리에관한법률위반(향정)
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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

Criminal facts

Defendant is not a narcotics handler.

The Defendant conspired to jointly purchase psychotropic drugs Mesopha (one philophone; hereinafter referred to as “philophone”) by bearing half of the purchase price with C.

1. At around 02:50 on July 2013, the Defendant, in collusion with C, purchased approximately KRW 0.03g, a half of the philopon purchased at the Fump room operated by the Defendant on the fourth floor of the above D building, by dividing it into C, from the male toilet of the first floor of the building D, Goyang-gu, Busan Metropolitan City, Man-si, and KRW 200,000, and 0.06g of the philopon concealed in the over-house gambling.

2. The Defendant, at around 03:00 on the same day, administered approximately 0.03 gramphones purchased as above in the studio of 0.03 grams on the clocks in the beer.

3. At around 03:50 on March 2014, the Defendant, in collusion with C, purchased approximately KRW 0.03g, one half of the penphones purchased at the above F main room room around 04:00, by dividing them into C, from the male toilet of the first floor of the building D, at KRW 200,000, to E, and at approximately 0.06g, from the penphones concealed in the overhead room.

4. At around 04:10 on the same day as the above 3.3., the Defendant administered approximately 0.03g of philopon on the clopon in the coper’s room.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police against C;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. to be collected additionally (400,000 won for a purchase price);

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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