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(영문) 수원지방법원 성남지원 2016.10.12 2016고단2558
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 not a person handling narcotics.

1. On March 1, 2016, the Defendant purchased psychotropic drugs: (a) around 01:00, from a person whose name cannot be known on the roads near the C Station located in Seongbuk-gu, Sungnam-si; (b) approximately 0.35 g of psychotropic drugs, which were contained in the one-time injection machine (i.e., “one-time penphone”; (c) and (d) 2.5 g of 250,000 won in consideration thereof.

Accordingly, the Defendant traded psychotropic drugs.

2. At around 09:00 on May 16, 2016, the Defendant, who administered psychotropic drugs, put in the Defendant’s house at the seat of the Defendant, located in Gwangju City, with a penphone 301 Dong-si by hand, and melted the phone.

Accordingly, the Defendant administered psychotropic drugs.

3. At around 16:35 on May 16, 2016, the Defendant carried and stored approximately 0.05g of philopon clopon clopon clopon in Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

Accordingly, the Defendant possessed psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Each seizure record and photograph;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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. For the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the penalty shall be collected in addition to the second crime that has no basic area (1 to 2 years) (1 to 2 years) (1 to 3 (10 to 2 years) of the Act on the Control of Narcotics, Etc.) (the scope of recommendations), medication, simple possession, etc. (10 to 2 years) of the basic area (10 to 3 (2 years) of the Act on the Control of Narcotics, etc.) (1 to 13 years (10 to 2 years) of the Act on the Control of Narcotics, etc.) (1 to 3 years of sentence) of the Act on the Control of Narcotics, etc., such as sales, good offices, etc.

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