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(영문) 수원지방법원 안산지원 2015.02.16 2014고단2831
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. Around 00:00 on December 18, 2013, the Defendant received approximately KRW 100,000 to D in the king-car parked on the street in front of the Doncheon Highway, which was parked on the street, and approximately KRW 0.2g of the psychotropic drugs, which are the psychotropic drugs located in the one-time injection engine (hereinafter “opon”).

2. On January 22, 2014, the Defendant: (a) around 22:00, the Defendant received 100,000 won from D and 0.2g opphones contained in a disposable clock in D’s car parked on the street near the river basin located in 603-1, Masan-dong, Masan-dong, and 0.2g.

Accordingly, the defendant purchased philophones on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of each Act and subordinate statutes to the police statement of D;

1. Article 60 (1) 2, Article 4 (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 with prison labor;

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 Criminal Act;

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

1. The nature of the crime of this case is inferior in that the defendant committed the crime of this case even before the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., even though he had the record of being punished for the same crime: Provided, That the above punishment shall be determined according to the sentencing guidelines in consideration of the following factors: the defendant's reflects, the purchased narcotics appears not to have been administered; the defendant's surrounding people want to take the defendant's wife against the defendant; the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case; and other circumstances shown in the records of this case.

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