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(영문) 창원지방법원 밀양지원 2014.04.22 2014고단76

마약류관리에관한법률위반(향정)등

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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 is not a person handling narcotics.

1. On August 2013, the Defendant purchased approximately KRW 1g of psychotropic drugs from Category D stations located in Kimhae-si, Kim Jong-si, to KRW 500,000,000.

2. Around August 2013, the Defendant purchased approximately 0.8g of psychotropic drugs from F in the same place as described in paragraph (1) from F to KRW 500,000.

3. On March 10, 2014, around 15:30, the Defendant possessed, in the way of hiding approximately 0.1g of marijuana in the cremation book of the Defendant’s dwelling apartment G apartment 107 Dong 401, Jin-gu, Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);

1. Seizure records;

1. Each request for appraisal;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Control of Narcotics, etc. and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (the occupation of purchasing the penphone, the choice of imprisonment) of the Act on the Control of Narcotics, etc. and Articles 61 (1) 6 and 4 (1) (the occupation of carrying marijuana and the choice of imprisonment) of the Act on the Control of Narcotics, etc. concerning 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 on the suspension of execution (the reflection, the fact that there has been no same record for a considerable period of time, health conditions, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;