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(영문) 수원지방법원 안산지원 2018.10.25 2018고단2779

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall sell and purchase Metepha, which is a local mental medicine.

Although the Defendant is not a narcotics handler, around 11:00 on April 14, 2018, the Defendant opened cash of KRW 100,000 from D in the street near the subway Station No. 4 located in Ansan-si, the subway Station No. 4 of the subway Station No. 3, and sold a one of the disposable injection equipment containing the mecopic volume of the mecopic copic cops (a volume of approximately 2 partitionss that are available for daily use).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of a protocol concerning the examination of suspects of D;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (including the fact that a crime is committed once, that the defendant has no record of being punished for the same kind of crime, and that the defendant shows an attitude against him/her);

1. Article 62-2 of the Criminal Act on the observation of protection;

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