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(영문) 창원지방법원 2017.04.21 2016고단3941
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

Although the Defendant, as a ship yard of Chinese nationality, was not a narcotics handler, the Defendant provided good offices for the sale and purchase of Mesophical culpphones (hereinafter referred to as 'lopphones'), which is a local mental medicine, as follows.

1. On May 2016, the Defendant: (a) confirmed the Defendant’s intent to purchase phiphones from C, which is a shipbuilding unit, around 21:00; and (b) decided to purchase phiphones by linking D with the sales of phiphones.

At around 23:50 on the same day, the Defendant sent 30,000 won of cash 30,000 won, which he received from C, along with C, to the seller at the bar in the vicinity of Guro-gu Seoul E Station, and received approximately 0.5g of philophone from sales.

The Defendant assisted the trade of philophones as such.

2. The Defendant purchased a philophone as above, and administered a philophone in a manner that 03:00 on the day following the purchase of the philophones by inserting approximately 0.5g of the philograms purchased by C with G, C, and H at the house of Ansan-si, Ansi-si, A, C, and H, and then inhales the philophones by inserting approximately 0.5g of the allograms purchased by C on the day of Aminium, and then inhales the steam.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of the police officers in relation to C, H and G;

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (Punishments of Imprisonment)

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. The sentencing under the proviso of Article 67 of the Narcotics Control Act, Article 334(1) of the Criminal Procedure Act is 2nd 1st 2nd 1st 2nd 3rd 2nd 2nd 3rd 2nd 3rd 2nd 3rd 3rd 2nd 8th 8th 1st 1st to 1st 6th 1st 2th 1st 2nd 4th 2nd 1st 2nd 4th 2nd 3rd 2nd 1st 2nd 1st 2nd 1st 2nd 3th 2nd 2nd 1st 2nd 2nd

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