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(영문) 대구지방법원 2014.09.19 2014고합242
마약류관리에관한법률위반(향정)
Text

1. Defendants shall be punished by imprisonment with prison labor for up to two years and six months.

2. However, the Defendants for three years from the date when this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A (hereinafter referred to as “A”) and Defendant B (hereinafter referred to as “B”) are all the U.S. forces in Korea, not all the persons handling narcotics.

1. Defendant A

A. On August 21, 2013, the Defendant purchased USD 200 from G (one name H; hereinafter “H”) at the F cafeteria located in Daegu-gu, Daegu-gu, by receiving approximately 10 g of spheric psychotropic drugs, the Defendant purchased USD 200 from G (one name H; hereinafter “H”).

B. Around 18:00 on August 23, 2013, the Defendant received USD 200 from the F cafeteria and purchased USD 10,00 from the F cafeteria.

C. At around 18:00 on September 14, 2013, the Defendant received USD 200 from the F cafeteria and purchased USD 10,00 from the F cafeteria.

2. On July 2013, 2013, Defendant B introduced that “A would wish to purchase a large number of spices” to H at the F cafeteria located in Daegu-gu, Daegu-gu, Hamman, and arranged that “A will with a large spice in spices. It is a spice in spices.” The Defendant purchased spices three times from H, as described in paragraph 1.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness G;

1. Some of the interrogation protocol of each prosecutor's suspect against the Defendants

1. Each investigation report (including attached documents and photographs);

1. Application of Acts and subordinate statutes to the details of pactics, cafeterias, telephone conversations, maps, reports on requests for appraisal, appraisers, replies to requests for cooperation, records on access by units, and text messages;

1. Relevant laws and the choice of punishment for the crime;

(a) Defendant A: Articles 58(1)3, 3 subparag. 5, and 2 subparag. 3 (a) of the Narcotics Control Act (the point of purchasing SPS and the choice of limited imprisonment);

(b) Defendant B: Articles 58(1)3, 3 subparag. 5, and 2 subparag. 3 (a) of the Narcotics Control Act (the point of mediating the purchase of ices, and choice of limited imprisonment)

1. Of concurrent crimes, among concurrent crimes, the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 50 of the Criminal Act, Defendant A, and Defendant A, which are the largest of criminal circumstances, shall Switzerland on September 14, 2013.

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