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(영문) 서울서부지방법원 2014.09.30 2014고단2092
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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. On June 20 to 21, 2014, the Defendant purchased approximately 300,000 won in cash to the name-free boxes (hereinafter “C”) known from the Chinese base from the Chinese base, and purchased approximately 0.8g of psychotropic drugs Mepters (hereinafter “diphone”).

2. At around 12:00 on July 24, 2014, the Defendant: (a) administered approximately 0.48g of chophonephones purchased from a person with no personal name, such as the foregoing “1” at the guest room of the Mota-dong, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Mata-dong”); (b) around 19:00 on July 24, 2014, the Defendant: (c) carried approximately 0.48g of chophonephones purchased from a person with no personal name; and (d) carried them by a method of drinkinging them by attaching them with a low-priced flus; and (d) around 19:00 on July 24, 2014, the Defendant: (a) 1 of the part of the Mamo-camsian’s possession, which was 329 chophones, cho-phones administered as above “2”; and (b) carried them into the flus.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each protocol of seizure;

1. Application of the Acts and subordinate statutes on simple test results, replys to requests for appraisal, replys to requests for appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of circumstances, such as the fact that he/she does not take narcotics again as he/she repents his/her conviction, and that he/she is a primary offender);

1. Probation under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [decision on the recommended field], narcotics crime group, trade, mediation, etc. (type 2), basic area (type 2), and imprisonment with prison labor for one year.

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