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(영문) 수원지방법원 2014.02.12 2013고단6548
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler,

1. On July 19, 2013, around 01:00, D, in front of the mutual incompetence near the C Station located in Seoul Special Metropolitan City, Nowon-gu, to dry up KRW 50,00,000 as a penphone sales amount, and to purchase 0.08g of phiphones from then on, and purchase them;

2. around 02:00 on July 19, 2013, inserting approximately 0.08g of philophonephones purchased from the toilets located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu into a single-use injection machine, dilution with raw water, and administering them for sale;

3. Around July 31, 2013, a bank account for the use of the foregoing D remitted KRW 200,000 to E for the purchase of phiphones: (a) amine 0.16g g from D at the amblopon distance at G entrance located in Dongdaemun-gu Seoul Metropolitan Government on the same day; (b) amblopon into the disposable injection machine; and (c) dilution with raw water; (c) amblopon;

4. At around 03:00 on August 1, 2013, approximately 0.16 g of philopon was given free of charge in front of D’s house located in Gyeonggi-si H, and around that time, 0.16 g of philopon was put into a single-use injection machine at rest toilets where name near the given time is unknown and 0.16 g of philopon was dilution and administered for arms.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to investigation reports (Evidence No. 19);

1. Relevant legal provisions and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (the point of delivery and purchase and sale of phiphones) of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor for each crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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