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(영문) 창원지방법원 진주지원 2016.11.22 2016고단989

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2016, the Defendant: (a) asked C to request C to seek writingphones from the malopon sales books; (b) called C to sell written phones to C; (c) around 18:00 on the following date, C purchased approximately 0.03 grams of Mepopons in the F University located in Jinju-si E (hereinafter referred to as “Mepopon”) from D to purchase and arrange the purchase of Mepopons from D, one hundred thousand won in cash, which is located in front of the F University located in Jinju-si, at around 18:00 on the date.

2. On June 6, 2016, the Defendant carried a disposable injection device containing approximately 0.11g of philophones within the Defendant’s residence located in J in J in Jin-si, by inserting it into a book book.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each police seizure protocol (Evidence No. 20-23 pages), narcotics appraisal statement (Evidence No. 102-103 pages);

1. Investigation report (report on the current price and calculation of additional collection charges), application of the Acts and subordinate statutes governing the cancer transaction price table;

1. Imprisonment with labor under Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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 on the stay of execution (see, e.g., the fact that a person commits a crime and commits a crime against his/her will, and the fact that he/she has no record of crime nor has no record

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

1. Article 67 of the Narcotics Control Act;