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(영문) 춘천지방법원 2017.12.20 2017고단1087
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

A defendant who is not a narcotics handler shall not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, trade, assist in the trade of, or provide narcotics or psychotropic drugs.

1. On June 27, 2017, the Defendant: (a) published a drug advertisement advertisement of the psychotropic drugs (i.e., the name “prophone”; (b) around 15:30 on June 27, 2017, the Defendant issued 70,000 won to the philopon E, and (iii) issued a one-time injection for the philopon, in which the philopphone is 00,000 won, in which the philop is 0.7g, in which the philop (i.e., the philopphone), located in Incheon Gyeyang-gu, Incheon.

Accordingly, the defendant purchased philophones from E.

2. The Defendant, at the time, and at the place specified in the above paragraph 1, has taken a scopon on the scopon which he purchased as stated in the above paragraph 1, on the scopon.

Accordingly, the Defendant administered philophones.

3. From the date, time, and place under the foregoing paragraph (1) to June 27, 2017, the Defendant possessed a disposable injection device containing a philopon, which was purchased, as described in the foregoing paragraph (1), from the day, time, place to June 18:35, 2017, to the Gel 302 guest room located in the Gu F.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Application of Acts and subordinate statutes to search and seizure records (voluntary submission), list of seizure (overtime 4), list of narcotics (overtime 5), list of narcotics appraisal records (one-time injection and penphones), narcotics appraisal records, pictures, E telephone details, such as telephone conversations records, locations of base stations, investigation reports (specific circumstances of suspect re-specifics);

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. for the Prevention of Criminal Facts and the Selection of Punishment (the purchase, medication, possession of phiphones, and the choice of imprisonment);

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

1. Suspension of execution;

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