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(영문) 수원지방법원 2017.09.26 2017고단5239
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant traded, administered, or megaphones (one philophone; hereinafter “philophones”) which are a local mental medicine as follows.

1. The Defendant, at around 12:00 on June 25, 2017, sold 00,000 won in cash from E in consideration of the fact that: (a) 0.3g of philophonephones contained in the “D E” parking lot located in the sphere C in Suwon-si, Suwon-si; and (b) sold 50,000 won in cash from E in consideration of the fact.

2. The Defendant, around August 3, 2017, administered 0.03 grams at the “G” office located in Mapo-gu Seoul Metropolitan Government F, in a single-use injection machine, in water and dilution, and administered them in a way of injection into his/her arms.

3. On August 3, 2017, the Defendant possessed approximately 1.07 grams and approximately 0.04g of philophones in the “I” parking lot located in the Si of Suwon-si, Suwon-si, which is divided into two plastic bags, and possessed approximately 1.1g of philophones, including approximately 1.07 grams and approximately 0.04gg of philophones, in a way of keeping them in his/her possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. A copy of seizure records and a copy of seizure list;

1. A report on the commencement of internal investigation;

1. Photographs of field transactions;

1. A copy of the phone description of E calls and of the station description;

1. A protocol of seizure and a list of seizure;

1. Photographs of seized articles;

1. A criminal investigation report (attaching a written confirmation of weight and transfer of appraisal objects);

1. A response to a request for appraisal, and a written appraisal of narcotics;

1. Report on investigation (report on the calculation of an additional collection charge);

1. Investigation Report- References to a request for appraisal (narcotics appraisal), investigation report- the application of Acts and subordinate statutes of a request for appraisal;

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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