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(영문) 의정부지방법원 고양지원 2021.02.17 2020고단2840
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

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from selling and selling or administering camphophones (the chophone, the chophone, the chophone, and the chophones; hereinafter referred to as “chophones”).

B (B) The Defendant was a member of the same workplace with the nationality of the Thailand. 1. Sale and purchase of philopon 1.

A. On March 10, 2020, the Defendant purchased and sold philophones by receiving KRW 50,000 in cash from “C” dormitories located in “C” as of March 10, 202 and 0.1g of philophones.

B. On April 20, 2020, the Defendant: (a) issued 50,000 won in cash from “C” at the place described in the foregoing paragraph (a) at around 20:00; and (b) traded phiphones by delivering 0.1g of phiphones.

2. Medication of phiphones.

A. at the time and place specified in 1. A. The Defendant administered philophones in a manner of taking 0.1g of philophones into a pipe in the form of glass at the port and inhaleing smoke generated therefrom.

B. The Defendant 1.-B. at the time and place indicated in the port: (b) administered philophones in a manner of taking 0.1g of philophones on glass pipes in the form of a bridge and inhaleing smoke generated therefrom.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

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

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc., for a criminal offense, and the choice of imprisonment, respectively;

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. The main sentence of Article 67 of the Act on the Control of Narcotics, etc. in Action under Article 62-2 of the Criminal Act and Article 48 (1) 1 of the Criminal Act;

1. Purchasing virtualphones of Article 67 of the Act on the Management of Narcotics, Etc. (based on the calculation of a surcharge): Decision 50,000 won (Supreme Court Decision 2010Do7251 Decided August 26, 2010).

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