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(영문) 수원지방법원 평택지원 2017.05.25 2017고단875
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor 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

Defendant is not a narcotics handler.

1. On November 1, 2016, the Defendant, along with D, administered approximately 0.2 grams of the Meteptoptotop (hereinafter “Melopon”), which is a local mental medicine, at the home of Pyeongtaek-si E 302, on the top of the gambling site, the Defendant opened approximately 0.2g of the Melopon (hereinafter “Melopon”). The Defendant ruptured the Razer, ruptures the smoke emitted from the place, and ruptures the mepopon.

Accordingly, the Defendant conspiredd with D to administer philophones.

2. On March 27, 2017, the Defendant, along with F, administered 0.4g of oponphones on the gambling place at the trade insular telephones located in Pyeongtaek-si G on March 27, 2017, putting off approximately 0.4g of opons on the copher, putting them into a ropter, turning them into a ropter, and administering a ropher phone.

Accordingly, the Defendant conspiredd with F to administer philophones.

3. On April 7, 2017, the Defendant: (a) opened approximately 0.1g of opon from the Defendant’s I car driver’s seat in Pyeongtaek-si on a gambling place; (b) opened a smoke of 0.1g of opon on a gambling place; (c) opened the copon on a log, and administered a shopon, and opened the smoke emitted therefrom.

4. On April 12, 2017, the Defendant kept approximately 0.25 gramphonephones of the Defendant parked in Pyeongtaek-si J and K on April 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of the police officers of the accused;

1. Call details between A and D, response inspection between A and D by private persons, and response requests for appraisal;

1. Seizure records;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of monetary statements between A-F);

1. Article 60 (1) 2, Article 4 (1) and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. for the Prevention of Criminal Facts, the relevant Act and Articles 60 (1) 2, 4 (1) and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. for the Selection of Punishment, Article 30 (1) of the Criminal Act, Article 60 (1) 2 and Article 4 (1) of the Act on the Control of Narcotics, Etc., Article 60 (1) 2 and Article 4 (1), Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics,

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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