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(영문) 의정부지방법원 2013.10.15 2013고단1994
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

On October 22, 2010, the Defendant was sentenced to a suspended sentence of two years on October 1, 201 by imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Cheongju District Court on October 22, 201.

At around 21:00 on August 2010, the Defendant, even if not a person handling narcotics, sold a 300,000 won of the price from E in the Defendant’s official test color car set up on the D hotel located in Dongdaemun-gu Seoul Metropolitan Government, and sold a clickphone to E by putting about 0.7g of a merscopon (one name penphone; hereinafter referred to as “written phone”) contained in a one-time injection machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the second protocol of examination of suspect to the prosecution regarding E;

1. A report on investigation (report attached to a written judgment);

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant legal provisions and Articles 60(1)3 and 4(1) and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201);

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the first head judgment at the time of the sale shall be between the crimes of violation of the Act on the Control of Narcotics, etc. and the crimes above);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) that the defendant is against the defendant, that the defendant seems not to repeat again after the year 201, that the defendant supports his family while working in a daily work site at the present construction site, and that the crime of this case is in a relation between the violation of the Act on the Control of Narcotics, etc. ( natives) and the latter concurrent crimes under Article 37 of the Criminal Act with regard to which the judgment of the first head of the judgment becomes final and conclusive

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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

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