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(영문) 대전지방법원 홍성지원 2015.04.29 2014고단687
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 18, 2013, the Defendant purchased approximately KRW 0.2g of 200,000 from E in the D parking lot located in Chungcheongnam-nam Budget Group C (hereinafter “cloudopon”).

2. On September 1, 2013, the Defendant administered approximately 0.03 g of the Defendant’s phiphonephones purchased at the Defendant’s Ftero car parking lot adjacent to the Chungcheong City, Chungcheongnam-gun, Chungcheongnam-gun, by mixing them with cans and coffees.

3. On October 10, 2013, the Defendant purchased approximately KRW 0.35g 0,000,000 from E in the D parking lot located in Chungcheongnam-nam Budget Group C, from E to KRW 40,000.

4. At around 18:00 on October 15, 2013, the Defendant administered approximately 0.03g of phiphonephones purchased from a male toilet located in the D parking lot located in Chungcheongnam-gun, Chungcheongnam-gun, by dilution with cans and coffees.

5. On October 16, 2013, at around 22:00, the Defendant administered approximately 0.03g of philophones purchased from H Insane G in Chungcheongnam-gun, Hongsung-gun, by dilution them with cans and coffees.

Summary of Evidence

[Each fact of paragraphs 1 and 2 at the Time of Sales]

1. Defendant's legal statement;

1. Second protocol of suspect examination of I by the police;

1. Seizure records;

1. Written response to a request for appraisal (the each fact described in subparagraphs 3, 4, and 5 on the market);

1. Defendant's legal statement;

1. Seizure records;

1. Application of the statutes on response to requests for appraisal;

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;

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, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the total value of 600,000 phiphones purchased);

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