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(영문) 수원지방법원 안산지원 2013.10.24 2013고단2005
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. The Defendant from April 4, 2013 to the same year.

4.5. Around May, in the vicinity of Gwanak-gu in Seoul Special Metropolitan City, the Handphone was received in a way that the amount of half of the kacks of the kacks (one kickphone; hereinafter referred to as the "kacks") which are psychotropic drugs accumulated in white paper from one kick D, in a way that they are delivered free of charge.

2. On the same day as described in paragraph 1, the Defendant administered philophones delivered to the Defendant at the Defendant’s dwelling in Ansan-gu E and fourth degree on the same day as described in paragraph 1 by dilution them into water and drinking them.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Records of seizure (Evidence of 21 pages);

1. Application of the written response to a request for appraisal (Evidence records 27 pages); and

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 60 (1) 2, Article 38 (1) 2, and Article 50 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 60 (1) 1, and Article 2 subparagraph 3 (b) (Article 60 of the Act on the Control of Narcotics, Etc., Selection of Imprisonment) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Sentencing the reasons for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (determination of types)

Items c) and c.

The decision is made as above on the following grounds: (a) the basic area [the decision on the recommended area] 10 months to 2 years [the scope of punishment by recommendation] : (b) the applicable provisions of Acts: (c) the statutory punishment under Article 60(2) of the Narcotics Control Act (Article 60(1)): January to 15 [the decision on the sentence] is against the defendant; (d) the recovery of the administration of culphonephones; and (e) the defendant has no criminal record of the same kind after he was sentenced to suspended sentence for the same kind of crime

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