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(영문) 수원지방법원 2013.10.11 2013고단3836
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

Defendant is not a narcotics handler.

1. On April 2012, 2012, the Defendant: (a) Melopon medication: (b) around the first 03:30 on April 2012, the Defendant: (c) Melopon medication d from “C” located in Gangnam-gu Seoul Metropolitan Government; (d) Melopon, divating approximately 0.1g of psychotropic drugs, and administered it by Meloponing it.

2. On May 4, 2013, around 03:00 on May 4, 2013, the Defendant purchased from the United States of America (U.S.A. “E”) the psychotropic drugs at USD 15 U.S. dollars (Korean US$ 16,500), and administered them immediately by means of taking them together with water.

3. Around May 4, 2013, the Defendant administered the Kenya in a manner that inhales the psychotropic drugs from the foregoing F in the “E” located in LA around 05:00 on May 4, 2013 and inhales them into coaches.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);

1. Selection of Articles 69 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., and the Selection of Imprisonment with prison labor for the crime concerned;

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 proviso to Article 67 of the Narcotics Control Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the sentence shall be imposed in consideration of the fact that there is no particular criminal records out of the fines imposed on the defendant for the reason of sentencing, and there is no same criminal records, each of the crimes of this case is not involved in trading as a medication crime, and that the defendant recognizes the fact and reflect

It is so decided as per Disposition for the above reasons.

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