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(영문) 수원지방법원 2017.01.12 2016고단6012

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 7 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled the Metropha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. From September 6, 2016 to September 16, 2016, the Defendant administered a scopon in an irregular way in a scopon in the scopic, Pyeongtaek-si, Kimpo-si, Daegu-gu, and not more than Seo-gu, Incheon-gu.

2. On September 16, 2016, the Defendant: (a) around 05:50, around 05:50, and around the E resting area (Seoul direction) located in D, the Defendant: (b) packed and sealed a total of 6.79 grams in the face of the E resting area (Seoul direction) in the street room located in F stations; (c) the Defendant:

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a protocol of seizure, list of seizure, and reply statutes requested for each appraisal;

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 Prevention of Criminal Facts and the Selection of Punishment (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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Class 1 crime (the scope of a recommended punishment) is administered, simple possession, etc., and there is no basic area (10 months to 2 years) of the basic area (10 months to 3 years).

(b) Class 2 crime (the scope of recommended punishment) 3 (the items (b) and (c) of the basic area (one hundred months to two years) including medication, simple possession, etc.

(c) The scope of final sentence due to the aggravation of multiple offenses: Ten months to three years; and

2. Determination of sentence: (a) the amount of philophones handled by the Defendant; (b) the fact that there are several times of punishment for the same kind of crime is disadvantageous; (c) the fact that social ties are well-grounded in favorable circumstances; and (d) all the sentencing conditions specified in the argument of the instant case, such as the age, sex, environment, motive for the crime, and circumstances after the crime.