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(영문) 서울북부지방법원 2013.09.27 2013고단1632
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Even if the Defendant is not a person handling narcotics,

1. At early 23:00 on March 2013, receiving 0.4g of psychotropic drugs, located on the road in front of the Gangnam-gu Seoul Metropolitan D Building, from E, at the events shown in the Defendant’s number unfolding passenger car, the equivalent of 0.4g of psychotropic drugs, which are psychotropic drugs located on a one-time folding machine (hereinafter referred to as “one-time Handphone”), free of charge;

2. At 00:30 on May 5, 2013, at the Defendant’s residence of the Sikset-gu F building 201, E, sent from Kwikset-si to Kwikset-si, with a free delivery of an amount equivalent to 0.14g of philophones contained in an over-house 0.14g, and received them;

3. At around 03:00 on May 5, 2013, in the event at a park near the above Defendant’s residence, medication is performed by dilution with 0.14g of philophones delivered as above into cans, beer and beer;

4. At around 21:00 on May 11, 2013, receive without compensation the amount equivalent to 0.07 gramphones from E in the residence of the above accused;

5. At around 01:00 on May 12, 2013, in the event at a park near the residence of the above defendant, medication is performed by dilution with 0.07g philophones received from the above cases into cans, beer and beer;

6. At around 21:00 on May 25, 2013, receive without compensation the amount equivalent to 0.07 gramphones from E from the above defendant's residence;

7. At around 01:00 on May 26, 2013, around 01:0, at the event at a park near the above defendant’s residence, the administration was performed in a way of dilution with 0.07g of scophophones received from scopher as above into cans and beers.

Summary of Evidence

1. Defendant's legal statement;

1. The fifth prosecutorial examination protocol against the accused;

1. Copy of each protocol concerning the examination of suspect E by the prosecution;

1. Notification of the results of narcotics appraisal;

1. Application of Acts and subordinate statutes to investigation reports (report on the market price of narcotics);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (or each choice of imprisonment, etc.) concerning the relevant criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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