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(영문) 수원지방법원 2013.09.10 2013고합464

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

No defendant shall be qualified to handle narcotics.

On November 2012, the Defendant posted psychotropic drugs JWH-018 and their similar chain AM-2201 at the Defendant’s room located in Pyeongtaek-si D, and smoked with F, G, and H, which are the U.S. military volunteer fee, by putting psychotropic drugs into one cigarette, and attaching a fire.

On November 17, 2012, the Defendant, at around 15:00, posted JWH-018 and its similar chain AM-2201 into one cigarette in the room of the above Defendant, fluored with G and H, a fluort with a fluor of the U.S., and fluort with a fluor of G and H.

On November 17, 2012, the Defendant, at around 21:00, posted JWH-018 and its similar chain AM-2201 into one cigarette in the room of the above Defendant, and smoked with G and H, which is the U.S. military club fee, by inserting a fire.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the suspect examination protocol of H and G by each prosecutor;

1. Application of statutes to H of the protocol of interrogation of police suspect;

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. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [60,00 won per time (20,000 won x 3 times) for psychotropic drugs provided for each crime on the market, and the additional collection under the above Act is a disposition of the punitive nature, not for the purpose of depriving the profits from criminal acts, and thus, it shall be ordered to collect the full amount of values within the scope dealt with by the defendant];

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

2. One year to three years from imprisonment with prison labor for the basic area [the scope of recommending area], such as the administration, simple possession, etc. of narcotics, the basic area (the determination of recommending area] of the sentencing criteria (the scope of recommending area].

3. Determination of sentence;