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(영문) 서울동부지방법원 2017.02.07 2016고단4304

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

Although the Defendant did not have the qualification to handle narcotics, the Defendant treated the following persons:

1. The Defendant conspired to purchase B and Mampamins, and gave B a purchase price of 1.5 million won for Mampamins.

B around 15:50 on August 28, 2016, around D church located in Songpa-gu Seoul Metropolitan Government, received approximately KRW 1.4 million out of the above price from E, and approximately 5g of mert ambamins, which are contained in the plastic finite and plastic finite.

Accordingly, the defendant, in collusion with B, purchased Mept Ampis.

2. On August 28, 2016, around 16:30 on August 28, 2016, the Defendant administered the Mepta in a manner of drinking approximately 0.05g of the Mepta, purchased as set forth in the preceding paragraph, Gel 602 in Gangdong-gu Seoul Metropolitan Government F.

3. Around 19:00 on the same day as the above 2 paragraph, the Defendant 1 administered approximately 0.05 g of Mept amba in the same manner as the preceding paragraph.

4. On August 29, 2016, at around 01:00, the Defendant administered approximately 0.05 g of the Mept amba in the same manner as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report of investigation (a copy of the suspect examination protocol in person B);

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

1. Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts, Article 30 of the Criminal Act (number of points), Articles 60(1)2 and 4(1), and subparagraph 3(b) of Article 2 of the same Act on the Control of Narcotics, etc., and selection of imprisonment for each sentence;

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

1. A Class 2 crime for the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of a recommended sentence), including medication, simple possession, etc.