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(영문) 춘천지방법원 2013.05.02 2013고단295
마약류관리에관한법률위반(향정)등
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 of the final judgment.

Reasons

Punishment of the crime

The defendant shall not possess, use, transport, administer, trade, give or receive, or deliver psychotropic drugs, which is not a person handling narcotics, or possess, deliver, receive, keep, or use marijuana.

1. Around October 2012, the Defendant received marijuana from the Defendant’s house of 18:00 Chuncheon-si D apartment 1110 dong 1703 at the Defendant’s house of 1703, the Defendant received marijuana by taking approximately five smoking quantities (around five smoking quantities) from E (the current investigation) free of charge.

2. On December 2, 2012, the Defendant: (a) around 17:00 on December 2, 2012, issued a penphone to G (former public trial held on January 29, 2013) with approximately 0.05 g of philopon, which is contained in a one-time injection machine, without compensation, from 101 to G (former public trial held on January 29, 2013).

3. On January 7, 2013, at around 20:00 on January 7, 2013, the Defendant: (a) issued a penphone with 0.05 gopon, which is contained in G from the house of Chuncheon-si, H apartment 207 Dong 803, to G, one-time, in a single-use folder; and (b) issued a penphone with 0.05 gopon without compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the suspect examination protocol of G and E by the prosecution;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Articles 61 (1) 6 and 4 (1) 2 of the Act on the Control of Narcotics, Etc. and Articles 60 (1) 2 and 4 (1) 1 of the Act on the Control of Narcotics, Etc. and Article 2 (3) (b) of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor, respectively;

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. (200,000 won in case of giving and receiving 5 minutes marijuana) ; and

1. Crimes Nos. 2 and 3 of the holding [Determination of types], such as the sale, purchase, good offices, etc., of narcotics, marijuana and perfumes;

(i) the item;

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