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(영문) 부산지방법원 2018.09.11 2018고단2771
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

Defendant is not a narcotics handler.

1. On May 17, 2016, around 22:50, the Defendant purchased a penphone with approximately 5 grams of Metepopty (one million won in cash to E on the street near the D bank located in Busan-gu, and a part of five grams of Mepopty, which is a part of a plastic medicine in the white part of a vinyl.

2. On October 14, 2016, the Defendant was waiting for a bus engineer under his name in G in Changwon-si F around 15:00 on October 14, 2016 while giving one million won in cash to H.

From 19:00 to 20:00 on the same day, he purchased philophones with approximately three grams of philophones contained in the margin sent by E as bus freight in G from G to bus freight.

3. On November 28, 2016, around 22:25, the Defendant purchased a penphone with a cash of one million won and three grams of philophones contained in the white part of a vinyl, from the vicinity of the H bus downstream located in Busan, the Defendant purchased a penphone.

4. On July 10, 2017, from around 18:00 to around 19:00, the Defendant issued K with approximately 0.05 gramopon clopon to K free of charge at the J office in G located in Changwon-si F.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the public prosecutor in K;

1. Statement made by the prosecution against E;

1. The application of Acts and subordinate statutes to a report on investigation (calculated a surcharge) and an appraisal report on narcotics;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment], sale, brokerage, etc., and the scope of final sentence due to the aggravation of major criminal cooperation in investigation (from August to January 6) in the mitigation area (the scope of marijuana, native b. c., etc.)

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