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(영문) 광주지방법원 순천지원 2015.12.18 2015고단1868

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 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. At around 17:00 on October 28, 2014, the Defendant searched “small atmosphere” at the smartphone search room, contacted the Defendant to purchase the psychotropic drugs in his/her name-free psychotropic drugs from the sales shop (hereinafter “calcopon”), and contacted the Defendant to purchase the calcopon from the said sales shop. At around 18:02 on the same day, the Defendant purchased the calcopon by sending a document bag containing one gram of the calopon sent by the said calcopon sales via the said calcopon (hereinafter “calcopon”).

2. On October 28, 2014, the Defendant administered 0.1g of the philophones purchased at Sacheon-si B, in a way that they drinks it to a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific 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;

1. Type 2 crime for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 1850, Apr. 1, 200) for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2000, Apr. 16, 200) which is important in the mitigated area (6-1 year and 6 months) (limited to persons who have been specially mitigated) for the mitigation area (6-1 year and 6 months) of the mitigation area (6-1 year and 6 months) of the mitigation area (referring to the scope of recommendation), the purchase or acceptance for medication, simple possession, etc., and the special mitigation area (4-1 year and 6 months), and the final sentencing scope due to the aggravation of multiple crimes for important investigative cooperations: 6-2 years and 3 months (amended by Presidential Decree No. 2010, Jun. 23,