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(영문) 수원지방법원 성남지원 2014.02.07 2013고단2988
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Receipt and administration of philophones;

A. At around 17:00 on December 8, 2013, the Defendant received 0.05g opphones from E from the “D” office located in C at Annyang-si, and received them without compensation.

B. At around 18:00 on December 8, 2013, the Defendant administered 0.05 g of scopon from “G” restaurant in G, “G” restaurant F, a scopon to a coffee.

2. Smoking, receipt and delivery of marijuana;

A. On December 7, 2013, at around 22:00, the Defendant smoked by inserting the marith of marijuana, collected from “G” restaurant toilets located in “G” in “G” cafeteriaF, and attaching the marith of marijuana.

B. At around 17:00 on December 8, 2013, the Defendant: (a) received chophones from E without compensation at the office of “D” located in Yangyang-si; and (b) delivered approximately 1g of marijuana packages to E without compensation, as referred to in subparagraph 1(a).

Summary of Evidence

1. Legal statements of the defendant and E;

1. The report on the request for appraisal, the report on the results of appraisal by the State and the acceptance;

1. The application of Acts and subordinate statutes concerning the delivery and forwarding of explanatory notes;

1. Article 60 (1) 2, Article 4 (1), Article 2 subparagraph 3 (b), Article 61 (1) 4 (a), Article 3 subparagraph 10, Article 61 (1) 6, and Article 4 (1) 6: Imprisonment with prison labor for an offense;

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

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

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