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(영문) 수원지방법원 2015.05.28 2015고단1279 (1)

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, who is not a person handling narcotics, did not possess, possess, receive, use, transport, control, import, export, prepare, prepare, administer, administer, sell, trade, or arrange the trade of, or provide, the psychotropic drugs (hereinafter referred to as the “cathophone”), but the Defendant traded and administered the catphone as follows.

1. At around 01:00 on September 7, 2014, the Defendant purchased phiphones in collusion with C in a way that 0.5g gramphones from D and 400,000 won in the front direction of the 137 large-scale Do road, Yeongdeungpo-gu Seoul Metropolitan Government Do road, 137 large-scale 8 mobile-phones.

2. At around 04:00 on September 7, 201, the Defendant, at the dormitory of the food company “H” where the G located in Suwon-si, Suwon-si, G located in 101 Dong 702, the area of the philophone medication, at around 04:0 on September 7, 2014, with C and E, displayed two fasts on the clophone 0.5g of the philophone purchased as described in the above paragraph (1) and administered the clophone as soon as possible by inserting the clophone in a way that the clophone clophone clopped into the clopped disease.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Examination protocol of police suspect regarding D;

1. A written appraisal and a written explanation of the prosecution examination;

1. Application of Acts and subordinate statutes concerning the investigation report (additional collection);

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act on the Control of Narcotics, etc. under the relevant Act on the Crime, Article 60 (1) 3 (b) of the same Act, Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Narcotics, etc. Act on the Control of Narcotics, etc.;

1. Selection of each sentence of imprisonment;

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 under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The sentencing criteria shall be recommended;