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(영문) 의정부지방법원 2016.09.12 2016고단2214

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

[Criminal Records] On September 24, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon Flag Flag, and the judgment became final and conclusive on December 21, 2015.

[Criminal facts] The Defendant is not a narcotics handler

1. Around June 2015, the Defendant purchased 300,000 won in cash with the price for each c-friendly f-C-W-C-W-C-W-C-W-S-W-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

2. around July 2015, the Defendant purchased a local mental medicine at the same place as set forth in the foregoing paragraph 1, and D with cash 100,000 won as the purchase price for phiphones, and with approximately 0.07 galphones from D by d.

3. On July 2015, at around 17:00, the Defendant purchased a local mental medicine at around 17:00, cash of KRW 100,000 in the purchase price of philophones to C, and 0.07g philophones from C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. Statement made by the police with regard to C;

1. Response to a request for provision of communications data;

1. Character messages transmitted by the recipient’s photograph;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and criminal investigation reports (Attachment of judgment);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 Act on the suspended execution;

1. The frequency of crimes on the grounds of sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000) is relatively small, the frequency of crimes is one of the single concurrent crimes after Article 37 of the Criminal Act, and other factors.