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(영문) 수원지방법원 2017.11.21 2017고단5071
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Notwithstanding that the Defendant is not a person handling narcotics with Chinese nationality, the Defendant:

1. C receives KRW 500,000 from the non-accounted account used by oneself upon request to request the c to request the Metetopop (one philopon; hereinafter referred to as "philopon"), and purchases the philopon with C by purchasing the above KRW 500,000 to the non-personal philopon seller at a non-personal location below Geumcheon-gu Seoul Metropolitan Government Soksandong, around July 30, 2016;

2.As described in the preceding paragraph, immediately after purchasing a penphone, 0.1g of the penphone purchased as soon as possible on the wall of Yeongdeungpo-gu Seoul Metropolitan Government with an apparatus made by sticking a crophone on the wall of gambling, and the smoke arising from heating the penphone by heating it on the wall of gambling, with C and E, shall be administered in a manner of spreading, and inhaleing it with C;

3. On July 16, 2017, at around 21:00, the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government F, administered phiphones in a manner of inhaleing smoke generated by heating the dilution into gas sirens at the shape of drinking water at the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each police statement protocol against C and E;

1. A response to each request for appraisal, each written appraisal, and a written report on a minor investigation;

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

1. Details of deposit transactions (E) the application of Acts and subordinate statutes;

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc., Article 30 (Joint Purchase and Medication of Handphones) of the Criminal Act, Article 60 (1) 2, and Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc., and selection of imprisonment, respectively;

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 provides that a suspended sentence shall be granted in favor of the reasons for sentencing as follows.

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