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(영문) 수원지방법원 안산지원 2016.12.08 2016고단3506
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

The Defendant, who is not a person handling narcotics, did not deal with the psychotropic drugs clocks (one philophone, hereinafter referred to as “philophones”), but sold and administered the philophones as follows.

1. On August 2016, the Defendant: (a) decided to purchase phiphones to a person who was contacted via the Internet, and (b) purchased phiphones by inserting KRW 1,350,00 under the floor of the rest place near the Dong-gu, Ansan-si; and (c) by paying phiphones to the above person who was unaware of the name; and (d) purchasing phiphones by finding out the number of phiphones from the wooden bottom located on the roads adjacent to Yeongdeungpo-gu Seoul Metropolitan Government C.

2. On August 2016, the Defendant administered a scopon in a manner that the Defendant, at the residence of the Defendant located in Ansan-si, Scopon D, 309, laid the scopon volume of the scopon above the seat of the Defendant, sealed two scopon in a plastic beverage drinking water and sealed two scopics as soon as possible, sticking two scopics to the smoke that occurs by heating the scopon to the scopon and cutting the scopon into the scopic, and scopic scopics.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list;

1. One appraisal report and one appraisal report;

1. Application of Acts and subordinate statutes to report internal investigation (specifics of suspects and arrest situations), investigation reports (based on the calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) and 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Penalties;

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is that there is no basic area (10 months to 2 years) (10 months to 2 years) of the type 3 (the scope of recommendation), medication, simple possession, etc.

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