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(영문) 수원지방법원 2013.07.23 2013고합199

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

The defendant is not a person handling narcotics.

1. On October 5, 2012, around 19:53, the Defendant paid USD 150 to former soldiers E in front of the “D” located in Pyeongtaek-si C, purchased 3g of similar chain of JHW-018 JHW-201 (hereinafter “Spha”; hereinafter “Spha”) psychotropic drugs, and inhaled them in the way of smoking within the F base or in one’s own vehicle.

2. On October 6, 2012, around 10:56, the Defendant paid USD 80 to the above E at the place indicated in paragraph 1, and purchased the above “Sspha” 1.6g of psychotropic drugs, and inhaled them by smoking in a string in the said base or in one’s own vehicle.

3. On November 18, 2012, at around 07:40, the Defendant paid USD 100 to E on the first floor of the Pyeongtaek-si G building and purchased the above “Sspion spice” 2g of psychotropic drugs, and inhaled them by means of smoking in the spares or vehicles within the said base.

4. On December 9, 2012, around 09:00, the Defendant paid USD 100 to the above E at the place described in paragraph 3, purchased the above “sppha” 2g of psychotropic drugs, and inhaled them by smoking in a spug or in one’s own vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 59 (1) 5, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on 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;

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. ($ 430 in fact, which is the basis for calculation of the amount of additional collection x US dollars 430 in fact, x 22 July 22, 2013, which is close to the date of this judgment);

1. The scope of applicable sentences: Imprisonment with prison labor for one year to 45 years; and

2. Application of the sentencing criteria (determination of types). Narcotics, such as medication, simple possession, etc., and items (a), etc. shall be made.