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(영문) 수원지방법원 안산지원 2016.08.10 2016고단1959
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is not a narcotics handler, was prohibited from selling or purchasing, receiving, using, transporting, managing, importing, exporting, preparing, preparing, administering, receiving, selling, buying, selling, or arranging the sale of, camphones, which are local mental drugs (hereinafter referred to as “camphones”). However, the Defendant traded camphones as follows.

1. On November 30, 2015, the Defendant: (a) on November 30, 2015, deposited KRW 600,000 from D to E’s bank account in the name of E used by the Defendant on the road located in Ansan-si, Nowon-gu, Seoul; and (b) sold the amount of the non-opopopopopopopopopopopopopon to D.

2. On December 16, 2015, the Defendant: (a) deposited KRW 400,000 from D to E’s bank account in the name of E used by the Defendant from December 16, 2015 at the place indicated in paragraph (1) from December 16, 2015 to 20:37 of the same day; and (b) sold the amount of opopopopopopopopopon to D.

3. On December 21, 2015, the Defendant: (a) from December 21, 2015 to December 16:29 of the same day, deposited KRW 500,000 to the E company bank account in the name of E used by the Defendant at the place indicated in paragraph (1) of the same Article; and (b) sold the amount of opopopopopopopopopon to D.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs by capturing the contents of letters in D and F;

1. Application of Acts and subordinate statutes on transaction between E companies in the name of E;

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The range of punishment recommended, trade, assistance in, etc., shall be classified into two types (mariju, fab, fab and c);

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