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(영문) 부산지방법원 서부지원 2019.06.20 2019고단954

마약류관리에관한법률위반(향정)

Text

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

Punishment of the crime

1. On March 2019, the Defendant, in violation of the Act on the Control of Narcotics, etc. (flag) around March 2019, paid KRW 50,00 in cash to C in front of the entrance of the residence of land C, which is located in B of Busan, which is located in B, and received approximately 0.05 grams from C, which is a paper c, and 0.05g of the clopon (hereinafter referred to as “copon”), fladon on April 2019, she flad around 0.05g of the lopon in the Defendant’s residence located in B of Busan, Busan, and fladon in the beer.

Accordingly, even if the defendant is not a person handling narcotics, he traded psychotropic drugs, and administered them.

2. On April 2019, the Defendant, in violation of the Act on the Control of Narcotics, etc. (flag) around April 2019, paid 30,000 won in cash to C in front of the entrance of the residence of the above C, and received approximately 0.05 g of a philopon sealed by C, which was then sealed by C, and drinked with 0.05 g of the said philopon at the residence of the above Defendant around April 20, 2019.

Accordingly, even if the defendant is not a person handling narcotics, he traded psychotropic drugs, and administered them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Each investigation report (with respect to the training reaction of 112 prone simplified tests by suspects, attaching a list of 112 reported cases, attaching photographs of reference text messages, attaching a report on preliminary tests for narcotics, attaching a report on the results of preliminary tests for narcotics to a suspect, applying statutes to C that sells narcotics to a suspect; reporting on the calculation of a surcharge; reporting on the outcome of a reply to a request

1. Relevant Article and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (Article 60 (1) of the Act on the Control of Narcotics, Etc.) of the Act on the Sale and Purchase of Handphones, and Selection of Imprisonment with prison labor for the crime;

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

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

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. The proviso of Article 67 of the Act on the Control of Narcotics, etc.; and