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(영문) 광주지방법원 순천지원 2018.06.15 2018고단642
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

No person, other than a narcotics handler, shall administer, trade, etc. narcotics or psychotropic mental drugs.

1. While the Defendant was not a narcotics handler, the Defendant sold 300,000 won to E, who was fluored with a malopon in the vicinity of D real estate located in Young-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “philopon”) in the middle of April 2013, which was 15:00,00 in the middle of 15:0,000 square meters, by wrapping up the malopon’s fluoral volume received from the upper lines of the malopon (hereinafter “philopon”).

2. Medication of phiphones.

A. On March 2, 2018, the Defendant administered, on March 2, 2018, 000, 0.07 gilphones received from the upper line H in the passenger car parked in front of G G in the vicinity of the Kimhae-si Kimhae-si, on March 2, 2018.

B. On March 14, 2018, the Defendant, who was not a narcotics handler, administered 0.07g gramphones in the above SM3 car parked on the roads near the Gyeong Young-gun, Gyeongbuk-gun, around March 14, 2018, in the manner of drinking water, even though the Defendant was not a narcotics handler.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Records of seizure, photographs, and evidence of seizure;

1. A written appraisal of each drug;

1. Some of the written judgments;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. proviso to Article 67 of the Act on the Control of Narcotics, Etc. (200,000 won/50 won/perculon purchase price for 300,000 won/perculon sale price for culon);

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.

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