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(영문) 수원지방법원 성남지원 2019.02.13 2018고단2399
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is not a person handling narcotics.

1. Around February 21, 2018, the Defendant promised to purchase KRW 0.5 g of Maambamin from a seller of Maambamine through smartphone B control, and then, at around 00:17 on the same day, remitted KRW 4.50,00 to a G bank account in the name of F used by the seller of Mabamine in E-Sacheon-si, Gyeonggi-si, the Defendant purchased KRW 0.5 g of Mabamine in a way that would bring about 0.5 g of 0,000 from the Mabamine cash withdrawal machine in the name of the seller in E-Sacheon-si, 00,000, at around 02:30 on the same day.

2. Around 03:00 on February 21, 2018, the Defendant administered 0.1g of the Metecacacacacac the Mecacacacacacacacacacacacacac, which was purchased as set forth in paragraph (1) from among Lbacacacacacacacacaca

Summary of Evidence

1. Defendant's legal statement;

1. F bank account transactions in the name of the G bank;

1. Data from customers of the N Bank (A);

1. Application of Acts and subordinate statutes of a narcotics appraisal report;

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, and the selection of an imprisonment,

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. In light of the high level of social harm and recidivism caused by the cryptability and toxicity of narcotics for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., it is disadvantageous to the point that there is a strict need for a narcotics crime.

However, the sentence like the order shall be determined by comprehensively taking into account the following factors: there is no record of the same kind of crime, there is no record of the crime exceeding the fine, the purchase for a simple medication, the confession and reflectment of the defendant, and the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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