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(영문) 부산지방법원 2014.06.27 2014고단3370
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

2014 highestest370

1. On March 19, 2014, at least 18:00, the Defendant received KRW 200,000 from C to the Defendant’s post-office deposit account at the Defendant’s request to rescue psychotropic drugs (hereinafter “camphone”), and then purchased and sold narcotics, etc. at around 22:00 on the same day, using approximately 1.18 g of camphone to C at the guest room located in the Emphone located in Busan Ho-gu. D.

2. At around 22:00 on March 19, 2014, the Defendant received approximately 0.05g of philopon 1.18g, sold to C, as described in paragraph (1), and administered narcotics, etc. in a way of drinking in water.

2014 highestest 4698

3. On November 1, 2013, the Defendant received narcotics, etc. by delivering approximately 0.03g of philopon to H, at the Defendant’s residence located in G-Public Notice Telecom 304 located in G-si Kimhae-si F, and at the Defendant’s residence located in G-Public Notice Telephone 304.

Summary of Evidence

2014 highestest370

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of police officer C;

1. A statement of transactions in the accounts of post offices, a bill of indictment (C), and a statement of prosecution (the results of a statement of request for appraisal);

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

1. Defendant's legal statement;

1. Some prosecutor's protocol of interrogation of the defendant (including H's statement)

1. A copy of each protocol of suspect examination of H by the police;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

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

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

1. Article 62(1) of the suspended execution of the Criminal Act provides that the Defendant has no record of being punished for the crime of the same kind other than the crime of 1998, the detention of the Defendant entails excessive difficulty to his dependants, his depth is divided and reflected.

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