beta
(영문) 의정부지방법원 고양지원 2018.11.16 2017고단3446 (1)

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall sell or administer mebs containing mecamina (hereinafter referred to as "webs") which are a local mental medicine, and the Defendant is not a narcotics handler.

1. Purchasing rocks;

A. On March 26, 2017, around 01:00, the Defendant purchased KRW 60,000 in cash from D (one person E) in dedicated Lcare, a non-party to the trade name “C” located in P in Paju-si B.

B. On May 20, 2017, the Defendant purchased KRW 60,000 in cash from the above “C” around May 20, 2017.

2. Medication;

A. At the date and time indicated in Section 1-A, the Defendant administered the instant “C” toilet in such a way as to inhale the smoke generated by heating the bottom of the margue on the wrapping paper of the margue.

B. At the date and time indicated in paragraph 1-b., the Defendant administered the aforementioned “C” toilet in the foregoing manner.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A copy of a protocol concerning the examination of suspect with regard to D (including relevant materials attached thereto);

1. Application of Acts and subordinate statutes to a report on investigation (calculated amount of additional collection);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Article 60 (1) 1 and subparagraph 3 (b) of Article 2 of the same Act (or 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 suspended execution;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Two types of crimes (the scope of recommended punishment), including medication, simple possession, etc., of Class 1 (the scope of recommended punishment) of the scope of the recommended punishment according to the sentencing guidelines, Type 2 (the scope of recommended punishment) of the basic area (the scope of items (b) and (c) of the items (the items (b) and (c) of the items (the items (b) and (c) of the items (the items (f) and (c)) of the category 3 (the scope of recommended punishment) of the basic area (the number of years between October and 2) of the three (the scope of recommended punishment).