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(영문) 창원지방법원 2019.09.25 2019고단1844
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person of Thai nationality, who was granted the first stay permission on March 19, 201 and was granted on May 4, 201, and whose period of stay has been extended by March 14, 2020 after entering the Republic of Korea.

Notwithstanding that the Defendant is not a narcotics handler, the Defendant:

A. From February 16, 2019 to 21:00 to 22:00, in the dormitory of the Dispute Resolution Co., Ltd., in Kimhae-si, approximately 0.1g of psychotropic drugs, psychotropic drugs, D, the illegal aliens in Thailand, purchase at least KRW 0.1g of 10,000,00;

(b) poly administer lids of plastics lids containing water at the same time and at the same place, one plastic lids by inserting plastics promptly on one of them, inserting the penphones under the above paragraph (a) into the glass pipe by inserting the penphones in the form of a smoking instrument connected to the glass pipe, heating them into the glass pipe, and then inhaleing the penphones passing through the water pipe;

C. On March 1, 2019, at the same place from around 21:0 to 22:00, purchase approximately 0.1g of philopon from the above D in KRW 100,00;

D. At around 21:00 to 22:00 on March 9, 2019, in the same place, the philopon was put in the glass in the same smoking machine, and the philopon was administered once in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Each request for narcotics;

1. Search site and photographs of seized articles;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Act on the Control of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the purchase of phiphones and administered points) of the Act on the Control of Narcotics, Etc. and Selection of Imprisonment with prison labor;

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;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] : Violation of the Act on the Control of Narcotics, etc. (Transactions) : Trading and arrangement, etc. on 02.

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