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(영문) 부산지방법원 2016.03.11 2016고단364
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On September 1, 2014, the Defendant: (a) opened approximately 0.28gg of clocks (one philopopon; hereinafter “philopon”) a local mental medicine that contained in a one-time injection machine to C in front of the non-fluoric telephone in the vicinity of the Busan Southern-dong gravel market; and (b) 200,000 won from C in return.

Accordingly, the Defendant sold approximately 0.28 grams to C in 200,000 won.

2. On October 4, 2014, around 01:30, the Defendant: (a) at the E joint market located in Magpo-si, Changwon-si, Changwon-si, Changwon-si; (b) 0.2692 grams of philopon contained in the one-time injection machine to C; and (c) 200,000 won was remitted from C in return.

Accordingly, the Defendant sold approximately 0.2692 grams to C in 200,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Copy of each protocol concerning the examination of suspect C;

1. Report of investigation (written judgment against crimes C) ;

1. Copies of seizure records;

1. A copy of the investigation report (related to the results of appraisal of a white solid in a disposable folder), a copy of the examination result, and the application of statutes;

1. Selection of a punishment for a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, or selection of a punishment for a crime under Article 60 (1) 3 (b);

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. The execution of a sentence shall be suspended on condition of protection and observation, taking into account the following factors: (a) the basic area (one to two years) of the two types (math (maths, math (maths, b., c., etc.) of the Act on the Control of Narcotics, Etc. (a decision of sentencing) [a decision of sentencing] that the defendant has no criminal history of the same kind of crime; (b) the number of penphones traded to the defendant is not large; and (c) the fact that the number of penphones traded is against each other, etc.

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