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(영문) 춘천지방법원 강릉지원 2012.10.11 2012고단753
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On March 18, 2012, the Defendant: (a) remitted the sales price to the needy person residing in Busan in an irregular manner, in order to purchase the Mepta (hereinafter referred to as “Mepopon”), which is a psychotropic drug, from March 2012; and (b) intended to purchase approximately 0.18g of the Mepopon packed as a hand freight through the Gangnam-si bus bus bus line around 01:50 on March 18, 2012; (c) however, another person was not aware of the said Mepopon as his own, and did not have attempted to find the said Mepopon first.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. E statements;

1. Application of Acts and subordinate statutes on seizure records and replys to requests for appraisal;

1. Article 60 (3) and (1) 3 of the Act on the Control of Narcotics, Etc., and Articles 4 (1) and subparagraph 4 (b) of Article 2 of the same Act concerning criminal facts and the former Act on the Management of Narcotics, etc., for which the choice of punishment was made (Amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply);

1. Article 62 (1) of the Criminal Act (including the fact that the purchase of philopon is about attempted crimes and the fact that the purchase of philopon reflects mistake);

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

1. The main sentence of Article 67 of the former Act on the Management of Narcotics, Etc.;

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