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(영문) 의정부지방법원 2014.09.29 2014고단2421

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On January 27, 2014, the Defendant purchased and sold 0.3 grams by using approximately KRW 200,000,000 to D and psychotropic drug crophones (hereinafter referred to as “crophones”).

2. At around 23:44 on the same day, the Defendant administered philophones by inserting approximately 0.3g of the philophones purchased as above in a gambling place, and in a manner of inhaleing them by promptly using the strings.

3. On February 13, 2014, at around 23:52, the Defendant traded phiphones by taking approximately KRW 200,000 to D and approximately 0.3 grams of philophones.

4. At around 00:52 on February 14, 2014, the Defendant administered approximately 0.3 grams purchased as above in the same manner as the foregoing paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Application of Acts and subordinate statutes on internal investigation (Attachment, etc. of Details of telephone conversations between D and A);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act on the Criminal Facts, and Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the same Act on the Control of Narcotics, etc. (the point of purchase of each penphone, the choice of each sentence of imprisonment), Articles 60 (1) 2, and 4 (1) 1, and subparagraph 3

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against all the facts of the crime, and the fact that there is no record of punishment for the same kind of crime shall be considered as favorable circumstances. The means and results of the crime of this case shall be considered as well.