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(영문) 대전지방법원 홍성지원 2014.04.02 2014고단107

마약류관리에관한법률위반(향정)

Text

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

Defendant is not a narcotics handler.

1. On September 1, 2013, the Defendant: (a) purchased approximately KRW 0.07 g of the Mescoptyes (tentatively called “scopon”; (b) purchased from G from E in the Ftecopic vehicle parked in the D neighboring parking lot located in the Chungcheongnam-nam Budget Group C; and (c) administered the said Mescopon by dilutioning it with drinking water.

2. Around 01:00 on October 12, 2013, the Defendant purchased approximately KRW 0.14g from the PC room in Seongdong-gu Seoul, Seongdong-gu, Seoul, for approximately KRW 2.80,000 from H to the PC room for adults, and administered approximately 0.07g of the said PC in the PC room to the coffee.

3. On the same day as Paragraph 2, the Defendant administered approximately 0.07 g of clophonephones purchased from the Defendant’s house located in J apartment 201 Dong 101 Dong, Chungcheongnam-gun, Hong-gun, Hongsung-gun, by dilution with raw water, as Paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the first and third suspect examination protocol of H in the police room; and

1. Each written statement E and H prepared;

1. On February 25, 2014, a reply to a request for appraisal made by the relevant person;

1. Application of investigation reports (report on the calculation of additional collection charges) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning the relevant criminal facts and the Selection of Punishment for 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 (The following extenuating circumstances among the reasons for sentencing)

1. Probation, community service, or criminal law Article 62-2;

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

1. Purchasing phiphones for the reasons [the scope of applicable sentences under law] for the sentencing of Article 334(1) of the Criminal Procedure Act of the order of provisional payment [the scope of recommended sentences according to the sentencing guidelines] from 1 to 15 years (the scope of recommended sentences according to the sentencing guidelines]: The group of narcotics crimes, the group of sales, good offices, etc., each penphone medication of Type 2 (p) (f). The group of narcotics crimes;