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(영문) 창원지방법원 2018.12.20 2018고단2858
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2018, the Defendant was sentenced to a suspended sentence of two years and observe the protection of narcotics for one year, due to a violation of the Act on the Control of Narcotics, etc. in the Gwangju District Court's net support on November 29, 2018, and the judgment became final and conclusive on December 7, 2018.

Even if the Defendant is not a narcotics handler, the Defendant treated the Metropha, which is a local mental medicine (hereinafter referred to as “philophone”), as follows:

1. Sale and purchase of phiphones;

A. On November 11, 2017, the Defendant purchased approximately KRW 800,000,000 from E in the Plaintiff’s car parked in Busan Dong-gu, Busan Metropolitan City, and purchased from F in the D parking lot, with approximately KRW 67,000,000,000 from F.

B. On December 10, 2017, at around 01:50, the Defendant purchased from E in Kimhae-si G loan 203, KRW 0.25g of the penphone 0.25g, purchased from E, and traded the frophone.

2. At around 01:50 on December 10, 2017, the Defendant administered philophones by inserting approximately 0.05g of philophones into a single-use injection instrument and dilution them into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A report on investigation (calculated additional collection charges);

1. Account statement;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (Attachment to a copy of indictment), application of the search-related Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: the age, sex, environment, and motive for the crime.

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