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(영문) 의정부지방법원 2015.06.08 2015고단1257
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 a foreigner of Chinese nationality and is not a person handling narcotics.

1. On February 15, 2015, the Defendant: (a) received 0.4g opon from D at the front floor of the Youngnam Middle School located in Yeongdeungpo-gu Seoul Metropolitan Government, at C’s request for psychotropic drugs (hereinafter “copon”); and (b) received approximately 0.4g opon from D; (c) 13:00 on the same day, the Defendant dried the name near the station of the Hannam University University located in Gwangjin-gu Seoul Special Metropolitan City.

The Defendant, in collusion with C, received philophones.

2. At around 13:00 on the same day, the Defendant: (a) extracted a hole from a hold room where it is impossible to know the above trade name; (b) laid down a crophone 0.4g of a crophonephone, which is received as above, and frophones received as above, frophones into a bend hole; and (c) inhaled a smoke by attaching a fire to a bend stop with C.

As such, the Defendant conspired with C to administer philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Copy of the protocol of suspect examination of D by the police;

1. Report on internal investigation (the extraction of photographs of the suspected person and C thereof);

1. Attachment of the monthly trend of narcotics, and application of the Acts and subordinate statutes reporting thereon;

1. Article 60 (1) 2, Article 4 (1) and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc., Article 30 of the Criminal Act (the receipt of philopon and the receipt of philopon) and the choice of imprisonment with prison labor for the crime;

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;

1. The reason for sentencing [the range of recommending sentence] under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the proviso of Article 67 of the Act on the Management of Narcotics, Etc. = 322,00 won = 1g 805,00 won x 0.4] The basic area (10 to 2 years), such as medication, simple possession, etc. (10 to 10 years) [the decision of sentencing] under the basic area (10 to 2 years] (the decision of sentencing] under the proviso of Article 67 of the Act

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