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(영문) 서울남부지방법원 2017.04.19 2016고단6484

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On May 6, 2016, at around 14:00, the Defendant purchased a large amount of 1.50,000 won from a Chinese person who is located in the Chinese Mabro, “B market” to a large amount of 1.50,000 won.

2. On May 6, 2016, at around 15:00 on May 6, 2016, the Defendant: (a) opened a penphone purchased, such as paragraph 1, in the room of a mutual influorial hotel located in China, on a gambling place; (b) opened the lower side into a stringter; and (c) administered a phiphone in a manner that inhales the smoke.

3. On June 4, 2016, around 19:26, the Defendant decided to purchase 0.5 gramphones from F to 500,000 won by reporting a drug sales advertisement posted on the Internet at a branch ATM machine of Korea Bank D located in Gangnam-gu Seoul Metropolitan Government, and purchased 0.5 gramphones from F to the account of our bank known by F, but transferred 500,000 won of gramphones to the account of our bank known by F, the Defendant did not have any gramphones promised by F, and did not have any intent.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement (a copy) made to F;

1. A letter of appraisal of narcotics;

1. CCTV photographs taken at the time of transfer;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the point of trade of a local mental medicine) concerning criminal facts; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the point of trade of a local mental medicine medicine) of the Act on the Control of Narcotics, Etc.; Articles 60(3) and 60 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the point of trade of a local mental medicine medicine); Articles 60(3) and 60 subparag. 2, 4(1)1, and 2 subparag. 3(b) (the attempted point of trade of a local mental medicine medicine) concerning criminal facts

1. Imprisonment with prison labor for choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, taking lectures, and community service order under Article 62-2 of the Criminal Act;

1. Matters concerning the management of narcotics, etc. additionally collected;