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(영문) 의정부지방법원 2019.11.29 2019고단3366

마약류관리에관한법률위반(향정)

Text

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

Since the Defendant is not a person handling narcotics, the Defendant is prohibited from dealing with ethyl Pene (i.e., a single name “pact,” hereinafter referred to as “pact”) and Metepha (i.e., a “popon”; hereinafter referred to as “popon”).

1. At around February 28, 2017, the Defendant purchased approximately 100,000 won of 100,000 won of 100,000 won of 10 meters of estest 10,000 won from No. C of the building B at Namyang-si, and administered the est 1 in a manner of drinking together with water.

2. At around 17:00 on January 12, 2019, the Defendant purchased a non-opon from No. C of the building B at the Namyang-si, the Defendant administered the said opon in a manner of dilution to 100,000 won, and in a manner of melting the opon into the opon beverage.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement and copy of each police suspect examination protocol against the defendant or D;

1. Records of seizure and the list thereof;

1. Attachment: A certificate of assessment of narcotic drugs (No. 40 No. 50);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

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

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (see the above investigation report);

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Determination on the Violation of the Act on the Control of Narcotics, etc. (referring to the determination of types)]. Narcotics crimes: Trading, arranging, etc. (Type 2] marijuana and perfumes;

Items c) and c.

There is no person [special person] [the area of recommendation and the scope of recommendation] basic area, one year to two years of imprisonment.