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(영문) 수원지방법원 성남지원 2015.09.02 2015고단680

마약류관리에관한법률위반(향정)

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police seizure records;

1. Each written appraisal;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., Article 30 of the Criminal Act, Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc., and Article 2 of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. Probation and education order (Defendant B) Article 62-2 of the Criminal Act;

1. Confiscation (Defendant A) Article 48 (1) 1 of the Criminal Act;

1. For the reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., Defendant A shall determine the sentence as ordered in consideration of all the conditions of sentencing indicated in the pleadings of the instant case, including the following: (a) the fact that there is a sentence of the same kind of punishment in around 2010; (b) the quantity and frequency of the purchased penphones; (c) the Defendant B has no criminal record of the same kind or more than the suspended sentence;