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(영문) 인천지방법원 2014.05.09 2014고단1750
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

The defendant is not a person handling narcotics.

At around 19:00 on April 6, 2013, the Defendant granted approximately 0.48g of psychotropic drugs to D, in the vicinity of the Defendant’s house located in the Dong-gu Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (including the D substitute part);

1. Statement made to D by the police;

1. Communication confirmation data;

1. The application of Acts and subordinate statutes to correspondence for expert opinion;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

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

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the basis for calculation: 79,200 won = 880,00 won (the nationwide average retail price per gram of 1 oponon, as of January 2014 nearest at the time of sentencing) ¡¿ (0.48g - 0.39g)] of the defendant divided his mistake and reflects his fault, although he had the record of being sentenced to suspended sentence for the same crime, he is deemed to have the previous record before 10 years, and is deemed to have the voice reaction as a result of the maternity appraisal, and thus, he is deemed not the habitual medication of oponopon, considering the various sentencing conditions specified in Article 51 of the Criminal Act as stated in the records of this case.

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