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(영문) 대전지방법원 서산지원 2016.09.08 2016고합42
마약류관리에관한법률위반(향정)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Violation of the Narcotics Control Act;

A. On November 2015, the Defendant purchased and sold psychotropic drugs at the Defendant’s house located in Seosan City C, 2, 2011, from a person whose name cannot be known through the Internet site at the Defendant’s house located in Seocho-si, 3 and 2011, and purchased and sold psychotropic drugs at KRW 0.2g of the price for psychotropic drugs (so called “herb drug”; hereinafter referred to as “herb drug”) at KRW 200,000,000, and then purchased them until December 2015, and kept approximately 0.18g of the remainder after administration as described in the following Paragraph (2) in the custody of the Defendant’s head of DNAS car operated by the Defendant.

B. On November 201, 2015, the Defendant: (a) was parked in the vicinity of the F Park located in Seosan City, Sinsan; (b) was placed in the NAS car, as described in paragraph (1) and then used 0.02g of the hub narcotics purchased in the city as listed in paragraph (1) by inserting them into tobacco sold at the time; and (c) as soon as possible with a fire attached to them.

2. The Defendant in violation of the Act on the Control of Narcotics, etc. (mariju) was parked in the vicinity of the F Park located in Seosan City, 19:00 on February 2, 2016, and parked in the manner of inserting approximately 0.2gg of marijuana, which was collected and kept by a police officer on October 2015, in the said NAS car, by inserting it into a tobacco sold at the time and attaching a fire as soon as possible.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. The application of Acts and subordinate statutes on the assessment of narcotics;

1. Article 58 (1) 3, Article 5-2 (5), subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2 and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and Articles 58 (1) 5, 5-2 (5), and 3 of the Act on the Management of Narcotics, Etc.;

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