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(영문) 부산지방법원 동부지원 2018.12.12 2018고단2021
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 23, 2018, the Defendant: (a) decided to purchase fluorous C and philopon; (b) advertised that the Defendant sold Melopon (one philopon; hereinafter referred to as “philopon”) a part of a local mental medicine that had been posted by the non-spopon through D search; and (c) decided to purchase KRW 0.3g of the philopon in cash to contact the above non-spopon to purchase KRW 300,000,000 in cash to C.

C around 19:00 on June 23, 2018, at F Bank located in Busan Jung-gu, Busan, remitted the amount of KRW 300,000,000 of the phone-phone to an unclaimed account known by the winners of the above name at the F Bank's point, and around 20:00 on the same day, at around 20:00, the above unclaimed person's hand-on Docon Docon con con con con con con con con con con con con con con con con con con con con con con con con con con con con c on the same day.

The Defendant conspiredd with C to purchase philophones.

2. Medication of phiphones.

A. On December 12, 2017, the Defendant placed approximately 0.25g of philopon into a medication apparatus made of 0.25g of clopon in the Defendant’s vehicle located in J located in Busan District, Busan District, and administered philopon in a manner of inhaleing smoke caused by heating it into a clopter.

B. On June 24, 2018, at around 01:00, the Defendant administered approximately 0.15g of philopon from the Defendant’s car parked in the Busan Urban Airport Parking Site, Busan Urban Airport, in the same manner as the above paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Statement by the police concerning L;

1. Photographs of philoon medication tools and photographs of the skin A;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Crime and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Criminal Crimes, Article 30 of the Criminal Act, and Articles 30 of the Criminal Act.

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