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(영문) 수원지방법원 안산지원 2018.07.20 2018고단1480
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

On March 22, 2017, the Defendant was sentenced to a suspended sentence of ten months in Seoul Southern District Court for a violation of the Act on the Control of Narcotics, etc. and was sentenced to a suspended sentence of two years in October, and the judgment was finalized on March 30, 2017.

No person, other than a narcotics handler, shall sell or purchase Metephopa (on a face-to-face clopon; hereinafter referred to as "phiphone") which is a local mental medicine.

On April 24, 2016, the Defendant promised D to sell approximately 0.3g 30,000 won of philopon to D through “C” in light of light 2:00 square meters, and held a philopon.

On April 25, 2016, around 01:30 on April 25, 2016, 01: (a) met D on the front of the G building in front of the Seoul Guro-gu Seoul FG, and (b) maintained D with D a white vehicle with the number operated by the Defendant, and (c) paid KRW 290,000 in cash from D, and (d) delivered approximately 0.27g of Handphonephone in possession of E.

Accordingly, the Defendant conspired with E to sell and purchase philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. A statement on narcotics appraisal;

1. A report on investigation (report on the calculation of an additional collection charge);

1. Previous convictions in judgment: Application of inquiries about criminal history and copy of the text of judgment (suspect A);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 and Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3 and Article 60 of the Act on the Selection and Management of Narcotics, Etc.;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the facts charged are recognized, and the fact that a judgment is rendered simultaneously with a final judgment, that equity in sentencing and intent to terminate the sentence is shown);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;

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