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(영문) 서울서부지방법원 2014.01.14 2013고단2937
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

The defendant shall not trade, receive, administer, or administer psychotropic drugs because he is not a person handling narcotics.

1. At around 22:00 on October 11, 2013, the Defendant paid KRW 200,000 to E from the alley of D flaps in Geumcheon-gu Seoul Metropolitan Government, and purchased a penphone with approximately 0.25 grams of psychotropic drugs, which are contained in a single-use injection instrument (hereinafter referred to as “crophone”).

2. At around 23:00 on the same day, the Defendant administered 0.05 gramphonephones in the G Inn's Office 306, Yongsan-gu Seoul, Yongsan-gu, by a method of riding in coffees.

3. At around 24:00 on the same day, the Defendant received 0.05 gramphones from the front day of the restaurant “H” in Yongsan-gu Seoul Metropolitan Government F to I without compensation, using approximately 0.05 gramphones contained in the one-time injection machine.

4. At around 13:00 on October 12, 2013, the Defendant administered phiphonephones in a way that philophones are sent to coffee 306 to a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the interrogation protocol of I; and

1. A written request for appraisal;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and selection of imprisonment with labor for an offense under the relevant Act;

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 (the fact that a suspended sentence is to not make narcotics, the fact that there is no previous case, and the fact that cooperation has been made for an investigation);

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

1. The proviso to Article 67 of the Narcotics Control Act;

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