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(영문) 수원지방법원 안양지원 2018.10.10 2018고단1090
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

Defendant is not a narcotics handler.

1. Purchasing a clopon (one clopon; hereinafter referred to as "copon");

A. On March 31, 2018, the Defendant deposited 3.50,000 won in the account of the bank designated by the seller to the seller of the bitphone, who uses the bitphone “D” on March 31, 2018, and purchased the bitphone by finding approximately 0.5g of bitphones from the outside of the bitphone room of Seocho-gu Seoul Metropolitan Government on the same day at around 23:00 on the same day.

B. On May 10, 2018, at around 23:00, the Defendant deposited KRW 1,000 into the bank account designated by a non-seller, using the same method as Paragraph 1-A of Article 1, and purchased a written phone using around 01:0 on May 11, 2018, the Seocho-gu Seoul Metropolitan Government mutual non-permanent lending of approximately KRW 1g from the bottom of the non-permanent lending of the first floor of the Seocho-gu Seoul Metropolitan Government.

2. Medication of phiphones.

A. On April 1, 2018, the Defendant administered the smoke created by heating the bottom thereof in the vehicle of the Defendant in the front door of the Ma 104-dong parking lot, Mayang-gu, Mayang-gu, Mayang-gu, 01:00, in a manner that inhales it in common.

B. On May 11, 2018, at around 02:00, the Defendant administered approximately 0.2g opphones in the same place as paragraph 2(a), and in the same manner as paragraph 2(a).

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (the country of the defense of a suspect and the result of underwater appraisal, the country of the hair of a suspect and the result of underwater appraisal, and the result of an additional collection);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection 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. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which is the same as this case, shall be the second offense.

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