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(영문) 창원지방법원 진주지원 2019.02.15 2018고단1690
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person who handles narcotics as a foreigner of the nationality of Thailand.

1. Around 00:00 on December 1, 2018, the Defendant purchased psychotropic drugs at KRW 60,000 (YABA) from an exclusive “D” club which is a 6th generationer C in the Gyeonggi-si-si B, and purchased at KRW 60,000 (YABA) for one psychotropic drug, a male solar State, with no name.

2. The Defendant, at around 04:00 on December 1, 2018, administered psychotropic drugs in a manner that inhales the smoke in co-concing it in the Ethic area located in Ansan-si, Nowon-gu, Seoul-si. Around 04:00 on December 1, 2018.

3. At around 08:00 on December 1, 2018, the Defendant received a request for purchase from G, a branch of G, with a view to trading psychotropic drugs with the following terms: (a) the Defendant: (b) at around 12:00 on a day: (c) the Defendant agreed to trade 60,000 won in the purchase price, i.e., “the side paths adjacent to H convenience points should be left below the chemical portion; and (d) the Defendant collected one fact, and then traded 60,000 won in the purchase price to be left below the chemical portion.”

At around 14:00 on the same day, the Defendant arranged sale and purchase at the door of the H convenience store located adjacent to the H convenience store located adjacent to the Dong-gu, Ansan-si, the Defendant: (a) found that G was set up one, and made it possible for G to cover KRW 60,000 in the purchase price; and (b) arranged sale and purchase at the door of the selling market and G.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspects of G;

1. Police seizure records;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes on investigation reports;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Establishment of Relevant Acts and the elective Control of Narcotics, Etc. for Crimes ( Imprisonment);

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 on the suspension of execution (including the fact that there is no past criminal history of the same kind);

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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