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(영문) 의정부지방법원 2018.11.16 2018고단3601

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clocks (one philopopon; hereinafter referred to as “philopon”).

1. On September 2017, the Defendant purchased penphones in front of the C Council members located in Dongducheon-si B, 100,000 won in cash, and 2 grams of philophones.

2. Medication of phiphones.

A. On September 2017, the Defendant purchased phiphones as described in paragraph (1) of the crime, at the Defendant’s residence located in Dobcheon-si E Stud F, Dobcheon-si, the Defendant administered phiphones once by hanging the phiphones with the scopon on the coffee.

B. On April 29, 2018, the Defendant: (a) administered a phiphone on a single-time basis in the Defendant’s residence located in heading H of the G Building in Doducheon-si on April 29, 2018; (b) he/she administered part of the phiphone purchased as described in paragraph (1) or discarded the remaining phiphones into a coffee.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes on the training of narcotic reporters;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Imprisonment with prison labor;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Application of the sentencing criteria;

(a) Purchase (a) [a type 2 concurrent crimes] [a type 2 concurrent crimes] : Narcotics crimes, trade, good offices, etc.; two types (b) [a person with special sentencing] mitigation factors: Purchase or acceptance for medication and simple possession;