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(영문) 서울북부지방법원 2013.07.05 2013고단778
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Even if the Defendant is not a person handling narcotics,

1. On October 2012, at around 22:00 on the first day of mid-2:00, purchase 500,000 won for psychotropic drugs from F in the vicinity of the E Hospital located in Gwangjin-gu Seoul Special Metropolitan City, Mampamin (hereinafter referred to as the “copon”) in a total amount equivalent to 0.8g of psychotropic drugs, and purchase them to F;

2. As above, at 10:00 following the receipt of philophones, administered at the Defendant’s residence of G multi-household 102, Seoul Special Metropolitan City Gwangjin-gu, in a way that 0.05g of the said philophones are sent to coffee, and

3. Medication, at around 18:00 on the same day, at the residence of the above accused, the amount equivalent to 0.05g of the above phiphonephones, in a coffee, in a different way;

4. On November 21, 2012, at around 23:30, the Defendant’s white fluorium parked in the vicinity of the Hsung located in Gwangjin-gu Seoul Special Metropolitan City (Seoul), receive from F the amount equivalent to 0.1g of philopon from F without compensation;

5. Medication at around 23:00 on the lower end of December 2012, at the residence of the above accused, in a way that 0.05g of philophones drawn from F, such as the above 4, in a coffee;

6. Around 09:00 of the day following the date mentioned in the above 5 above, a considerable amount of 0.05g of the remaining penphones was administered in the above manner.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accused concerning the examination of suspect (including the F Statement)

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 (Article 2 of the Act on the Management of Narcotics, Etc., and Selection of Imprisonment with prison labor for the crimes (the purchase, delivery, and medication of Metetrapas);

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. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the same kind of crime on December 16, 2004.

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