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(영문) 의정부지방법원 2017.01.06 2016고단4779
마약류관리에관한법률위반(향정)
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 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 August 17, 2015, the Defendant: (a) at “E hotel” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) at the “E hotel,” a single-use injection device containing approximately 0.2g of mecopic clopic copic copic coppopic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic cop

2. The Defendant: (a) purchased psychotropic drugs at the same time and place as set forth in the foregoing 1; (b) purchased 600,000 won for writingphones to F; and (c) purchased psychotropic drugs by taking two disposable injections containing approximately 1.6g of written phones from F.

Summary of Evidence

1. Statement by the defendant in court;

1. The fourth police statement made in relation to F;

1. A copy of each police statement made to F;

1. Police seizure records;

1. A report on internal investigation (including details of the commencement of internal investigation), a report on investigation (specific suspect), a report on the market price of a phiphone, and a report on veterinary affairs (calculated as an additional charge);

1. Application of Acts and subordinate statutes on mobile phone calls of the victim;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Selection and Control of Narcotics, Etc. (the point of receipt of opon), Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) (the point of receipt of oponon) of the Narcotics Control Act, Article 60 (1) 2, Article 4 (1) 3 (b) of the Narcotics Control Act, Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc., Article 60 of the Narcotics, Etc., Article 60 and Article 4 (1) 1, Article 2 subparagraph 3 (b) (the point of purchase of opon), and selection of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. [Calculation Basis: 540,000 won = the amount additionally collected in relation to the receipt of oponon under paragraph (1) of the judgment below (=the average of 1g of opononon around September 2016 in Incheon, which is the place for each of the crimes in this case).

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