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(영문) 청주지방법원 제천지원 2015.07.09 2015고단161
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On August 29, 2014, the Defendant purchased a stroke-m method by acquiring the “E” website (F) through an advertisement text message sent to a mobile phone at the D store operated by the Defendant at Incheon-si, and ordered 10,000 won via the above website. On the same day, around 15:12, the Defendant transferred the amount of KRW 2.50,00 to the Busan Bank Account (Account Number: 113-204-6741-06) in the name of the reason for the restriction on limited liability company (Account Number: 13-204-6741-06) and purchased it by receiving 10,000 from the stroke-m from the above D store at around 14:0 on August 4, 2014.

2. Medication;

A. At around 23:00 on August 4, 2014, the Defendant administered a stroke method, as in paragraph (1), at the Defendant’s dwelling located G at Y, in the same manner as the water, at the stroke method.

B. On August 5, 2014, around 23:00, the Defendant administered the Defendant at a stroke-mm, as purchased in the above Defendant’s residence, in the manner of drinking together with water, at a stroke-m.

C. On August 6, 2014, around 23:00, the Defendant administered the stroke-m method, which was purchased in the above Defendant’s residence as stipulated in paragraph (1), with the water, at the stroke-m method.

Summary of Evidence

1. Defendant's legal statement;

1. An account analysis sheet and details of transactions of Busan Bank;

1. Report on investigation (in response to the results of appraisal by the National Institute of Scientific Investigation);

1. Application of the Acts and subordinate statutes that capture the E website, etc.

1. Article 61 (1) 5, Article 4 (1) 1, and subparagraph 3 (d) of Article 2 concerning the relevant criminal facts and Article 61 (1) 3 of the Act on the Management of Narcotics, etc. through the Selection of Punishment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. is that the Defendant committed the instant crime even though he/she had the record of being suspended from indictment for the same kind of crime, and is disadvantageous to the Defendant.

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