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(영문) 수원지방법원 2013.09.10 2013고합462
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six 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

1. Psychotropic drugs;

A. The Defendant, on November 2012, posted psychotropic drugs into a psychotropic unit E room, which is a U.S. unit located in Pyeongtaek-si C, and puts a psychotropic drug into a psychotropic substance, and smoked with F, G, and E, which are U.S. military dynamics (hereinafter “Sph-2201”) and its similar body (hereinafter “Sphs”).

B. On November 17, 2012, the Defendant, at the same place as the preceding paragraph at around 15:00 on November 17, 2012, added a spam fire to one cigarette, added a fire, and smoked with G and E, a U.S. military volunteer fee.

C. On November 17, 2012, the Defendant, at the same place as the preceding paragraph at around 21:00, posted a spice in one cigarette, added a smoke, and smoked with G and E, a U.S. military club fee, together with G and E.

2. On November 2, 2012, the Defendant purchased psychotropic drugs: (a) around 20:20, 100 U.S. dollars 100 in the name of Spha purchase price on the front road located in Pyeongtaek-si C; and (b) purchased spha 2g from it.

The Defendant, including that, from around that time to December 27, 2012, made a total of 14g US dollars and purchased 700 US dollars in the same manner as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each protocol of examination of suspect by prosecutors concerning I, E, and G;

1. Application of Acts and subordinate statutes to investigation reports (report on filing of supply books by suspects);

1. Article 59 (1) 5, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2, Article 58 (1) 3, subparagraph 5 of Article 3, Article 3 and subparagraph 3 (a) of Article 2 of the Narcotics Control Act (the point of smoking psychotropic drugs), Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, Etc.

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Suspension of execution under Article 62 of the Criminal Act;

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