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(영문) 의정부지방법원 고양지원 2016.11.10 2016고단1464
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On August 25, 2015, the Defendant: (a) deposited KRW 450,00 in a new bank account designated by the operator of the above site in order to purchase the exemption containing psychotropic drugs, by accessing the Defendant’s residence located in Pakistan, “D”, at the Internet site; and (b) deposited KRW 50,000 in the purchase price for the above 50-day exemption period; and (c) on September 25, 2015, the Defendant purchased and sold the Defendant’s housing from the Defendant’s dwelling at the Defendant’s dwelling, with the exemption of 50,000,000 won from the number containing Al

2. On September 2015, the Defendant administered a medication by inserting it into the Defendant’s residence, one by inserting it into the water exemption containing a stroke, and by drinking water, at the Defendant’s residence.

3. On September 2015, the Defendant administered a medication by inserting the water exemption three (3) times in which Alfla strokes are contained in the Defendant’s residence, at the lower time of the Defendant’s residence (the day following the date of the crime in the foregoing paragraph 2.).

4. At around 15:00 on December 21, 2015, the Defendant possessed a water exemption of the Defendant, which contains a alfladro, in the foregoing residence of the Defendant, in a manner of keeping the water exemption of the Defendant in a weak mouth.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of the details of transactions and statutes governing narcotics appraisal;

1. Article 61 (1) 5, Article 4 (1) 1, and subparagraph 3 (d) of Article 2 and subparagraph 3 (d) of Article 2 of the Act on the Management of Narcotics, etc. through which the relevant Article of the Act on Criminal Facts and the Selection of Punishment

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines not exceeding 75 million won;

2. Whether to apply the sentencing criteria: It is a negative case and a sentence of fine.

3. The defendant, including a fine of two million won for the decision of sentence.

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