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(영문) 수원지방법원 안산지원 2018.11.22 2018고단2685
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and B are those who are not qualified to handle narcotics.

1. On February 25, 2018, the Defendant and B jointly committed the instant crime: (a) purchased cambaphophones (one philopon; hereinafter “philopon”); and (b) purchased cambaculs (one philopon; hereinafter “philopon”); and (c) the Defendant sent KRW 700,000 to the Defendant for purchase money.

At around 07:11 on the same day, the Defendant and B moved to a F. F. F. F. F. F. bank account (H.) in the name of G used by a philophone seller whose name is unknown, and transferred the purchase price of B to 700,000 won, which was sent by B as above, and purchased a philophone with approximately 1g of philophones contained in a transparent plastic plastic bag in which the above philophone seller is contained in the Seoul Gangnam-gu, Seoul.

2. The Defendant solely committed a crime: (a) around 09:00 on February 25, 2018, the Defendant administered the trade name in Gangnam-gu Seoul Seo-dong, by burning approximately 0.02g of philophones purchased as described in paragraph (1), within the telephone room where it is impossible to identify the trade name in Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each police statement made to I and B;

1. Application of the Act and subordinate statutes in the F bank account (H) in the name of G;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Selection of Criminal Crimes, Article 30 of the Criminal Act, and the choice 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 Code of the Suspension of Execution (the defendant has no record of punishment for the same kind of crime, and if he/she commits a mistake, he/she is likely to prevent recurrence.

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