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(영문) 수원지방법원 2014.12.17 2013고단2905
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

Defendant is not a narcotics handler.

1. On September 2012, 2012, the Defendant: (a) around 02:00 on the lower order of September 1, 2012, the Defendant: (b) sent D a sum of KRW 1.2 million for the purchase price of Meptiles (one penphone; hereinafter the same shall apply) at Cju points in Gangnam-gu Seoul, Seoul; and (c) purchased a approximately 0.8g of Handphones contained in a vinyl paper from D.

2. On September 2012, 2012, the Defendant administered a chophone medication at around 02:30 on the same day as the above paragraph 1, and at the same place as the above paragraph 1, on the chophonephone 0.1g of the chophone purchased as mentioned in the above paragraph 1 on the shampoo and shamper.

3. On September 2012, 2012, the Defendant administered a philophone medication in the same place as the above 1 at around 03:00 on the same day as the above 1, and in the same manner as the shampoo and the shamper purchased 0.1g of philophone, such as the above 1.

4. On September 2012, 2012, the Defendant administered a scopon medication at around 11:00 on the same day as the above paragraph (1) at the home of the Defendant’s head office of Suwon-si Etel 1503, which was purchased as above, in a way that copon 0.1g from a scopon copon to a beer.

Summary of Evidence

1. Prosecutions and police interrogation protocol of the accused;

1. A copy of each protocol of suspect examination of the police about D;

1. Application of Acts and subordinate statutes to the table of examination requests for appraisal (No. 15);

1. Relevant legal provisions and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (the purchase of each penphone and the point of administration) of the Act on the Control of Narcotics, Etc. and the Selection 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. A narcotics-related crime on the grounds of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is subject to the sentencing guidelines of the Sentencing Committee, taking into account the favorable circumstances that there is no particular criminal record, and that there is no possibility to repeat the crime.

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