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(영문) 수원지방법원 안산지원 2016.12.15 2016고단3848

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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, who is not a person handling narcotics, did not deal with a psychotropic drug clockopon (one clopon; hereinafter “copon”), but sold and administered the copon as follows.

1. Sale and purchase of phiphones;

A. On December 2015, 2015, the Defendant: (a) purchased a penphone with cash of KRW 300,000,000 and approximately 1g of a penphone, which was stopped on the front side of a house history distance located in the unit B located in Ansan-si, Ansan-si; and (b) purchased a penphone.

B. On March 2016, around 20:00, the Defendant: (a) purchased a penphone with cash of KRW 600,000 and approximately KRW 2 g (i.e., 60,000 in cash to the above C; and (b) purchased a penphone.

2. Medication of phiphones.

A. On December 22, 2015, the Defendant: (a) granted two joints of aquatic disease lids from the Defendant’s dwelling at C and 303 at C and 303 at C and C, in order to stick up to each hole; (b) heated approximately 1g of the penphone into the airter so that the smoke occurred as soon as possible enter the aquatic disease; and (c) administered a phiphone by taking advantage of other as soon as possible, in a way that the smoke in the sick is inhaled by taking advantage of other as soon as possible.

B. At around 20:00 on March 2016, the Defendant administered approximately 1g of philophones in the residence of the above Defendant in the above manner.

C. At around 21:00 on May 19, 2016, the Defendant administered approximately 1g of philophones in the above Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of C in a copy of the protocol of suspect examination of the police officer;

1. Application of each Act and subordinate statute to the records of seizure, list, monetary records, and expert opinion;

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 facts constituting an offense, and the choice of imprisonment, respectively;

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Management of narcotics, etc. additionally collected;