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(영문) 수원지방법원 안산지원 2015.12.11 2015고단3425
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

Criminal facts

The defendant is a foreigner of Chinese nationality who is not a narcotics handler.

1. On November 2014, the Defendant, along with K, set up approximately 0.1g of the psychotropic drugs-related Meaks (i.e., one philopon; hereinafter referred to as “philopon”), opened up a psychotropic drug-related Melopon on a gambling place, opened up a smoke by heating the Melopon below the gambling place, opened a passage through the water contained in the bottle connected to the Melopon as soon as possible, and inhaled as possible, by passing through the water contained in the bottle connected to the Carlop.

Accordingly, the Defendant conspired with K to administer philophones.

2. Around December 3, 2014, the Defendant inhaled the smoke caused by K by burning the volume of scophophones in a telephone in which K 0.05g scophophones, and in the same manner as described in paragraph 1.

Accordingly, the Defendant conspired with K to administer philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutor's office and police interrogation protocol of K;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes of search, seizure and verification warrant reply;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., the Selection of Punishment for Crimes, Article 30 of the Criminal Act, and Selection of Imprisonment with labor, respectively;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., that the defendant is led to confession and reflects on his gender, and that the defendant has no power to punish him, except for the previous convictions and one time);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of community service and order to attend lectures;

1. The order is issued on the grounds of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [6,400 won [the quantity of penphones administered separately by the defendant and his accomplice)] [0.05 g (the quantity of penphones administered separately by the defendant), 0.05 g (the quantity of penphones administered separately by the defendant), 332,00 won (the average retail price of 1g of penphones)];

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