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(영문) 서울동부지방법원 2013.05.16 2013고단1
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

166,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Violation of the Narcotics Control Act;

A. At around 23:00 on May 30, 201, the Defendant paid 200,000 won in a restaurant where the trade name near Songpa-gu Seoul Metropolitan Government B is unknown, and purchased approximately 0.05 g of psychotropic drugs from D, Metepia (hereinafter “copon”).

B. On June 5, 2011, the Defendant paid KRW 100,000 to the Moel guest room where the trade name near the above C is unknown, and purchased approximately 0.05 g of philopon from D.

2. Violation of the Act on the Control of Narcotics, etc.;

A. At around 01:00 on March 4, 2012, the Defendant received marijuana 2g from D without compensation, near the F Hospital located in Songpa-gu Seoul, Songpa-gu.

B. At around 23:00 on July 30, 2012, the Defendant smoked marijuana by inserting approximately 0.5g of the hemp plants, which were accepted in the above C Park as described in the above 2-mentioned paragraph (a), by inserting them into tobacco after deducting approximately 0.5g of the smoke, among the hemp plants that were received in the above C Park as described in the above 2-mentioned paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the statement made by the police against D;

1. A copy of the police statement (two times) of D;

1. Investigation reports and monetary statements, reports on requests for appraisal, reports on investigation, and application of statutes governing trends during a month;

1. Article 60 (1) 3 and Article 4 (1) 4 (b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 2011); Articles 61 (1) 7 and 4 (1) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Articles 61 (1) 4 (a) and 3 (10) of the Narcotics Control Act (Amended by Act No. 10786, Jun. 7, 201); Articles 61 (1) 4 (a) and 3 (10) of the Narcotics Control Act (amended by Act No. 10786, Jun. 7, 201)

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

3. Sentencing the proviso of Article 67 of the Narcotics Control Act.

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