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(영문) 수원지방법원 2013.09.10 2013고합463

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.

The Defendant, on November 2012, posted psychotropic drugs JWH-018 and its similar chain AM-2201 at the room of F, which is the U.S. forces located in Pyeongtaek-si D, and smoked with G, F, and H, which are the U.S. forces forces of the Republic of Korea.

At around 15:00 on November 17, 2012, the Defendant, at the same place as above, put JWH-018 and its similar chain into one cigarette, added a fire, and smoked with F and H, which are the U.S. military club fee, by spreading the smoke.

At around 21:00 on November 17, 2012, the Defendant, at the same place as above, put JWH-018 and its similar chain into one cigarette, added a fire, and smoked with F and H, a f, a dynamic in the U.S. military, by spreading the smoke.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the prosecution against I, H, and F;

1. Application of Acts and subordinate statutes to I of the suspect interrogation protocol of the police;

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. Application of the sentencing criteria [Determination of types of narcotics] the basic field of narcotics, such as medication, simple possession, etc. (decision on the recommended field] (decision on the recommended field] of the sentencing criteria: imprisonment for a year from one year to three years.