마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for six months.
Provided, That the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On January 25, 2013, the Defendant was sentenced to two years and six months of imprisonment with prison labor and three years of suspended execution on February 2, 2013 at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) for a violation of the Narcotics Control Act.
【Criminal Facts】
The Defendant, who is not a person handling narcotics, was prohibited from dealing with psychotropic drugs, such as clickphones (hereinafter referred to as 'clickphones'; hereinafter referred to as 'copphones'), but dealt with the following copphones:
1. On September 18, 2012, at around 18:00, the Defendant purchased 50,000 chophones from Gangnam-gu Seoul Metropolitan Government’s joint dwelling place with Category B 203 C, with approximately 0.4g gramphones contained in the disposable injection machine C, and with the price of KRW 50,000,000.
2. On September 16, 2012, at around 16:00, the Defendant purchased C’s car parked in front of the common dwelling place with C, with approximately KRW 0.6g of philopon contained in C, one-time injection machine, and KRW 700,000,000,000,000.
Summary of Evidence
1. Defendant's legal statement;
1. Copy of a protocol of suspect examination of police officer C;
1. Application of Acts and subordinate statutes to a report on investigation (a written judgment and a report on attachment of indictment), criminal records, and Seoul Northern District Court Decision 2012Gohap584;
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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 (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) that reflects the fact that
1. The proviso to Article 67 of the Narcotics Control Act;