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(영문) 수원지방법원 성남지원 2015.06.03 2014고단2845

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

412,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Police seizure records;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 60 (1) 2, 4 (1), 2 subparag. 3 (b) (the point of receipt, trading, and medication of a penphone), Article 61 subparag. 4 (a), Article 3 subparag. 10 (the point of smoking in marijuana), Article 61 subparag. 4 (b), and Article 3 subparag. 10 (the point of smoking in marijuana) of the Narcotics Control Act, Article 61 subparag. 4 (b), and Article 3 subparag. 10 (the point of carrying marijuana) of the Act on the Control of Narcotics, Etc.;

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

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics;

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

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

(a) The same criminal record (not less than a three-year suspended sentence) in the area of aggravation (one year to three years) in the area of aggravation (one year to three years) of the sentencing guidelines for the crime of violation of the Act on the Control of Narcotics, Etc. (the scope of recommending sentence), medication, simple possession, etc. on the basis of a scopon waterway;

(b) A previous criminal offense of the same kind (a person under special guard) in the aggravated area (a year to 1 year) (a year and 3 years) of 3 types of punishment (a person under special guard) for the violation of the Act on the Control of Narcotics, Etc. (a person under probation within 3 years), medication, simple possession, etc. on the basis of the sale and purchase of phiphones;

(c) Additional criminal records of the same kind (one year to three years) in the aggravated area (one year) (one year to three years) of the Act on the Control of Narcotics, Etc. (the suspension of execution within three years) on the medication, simple possession, etc. of the Sentencing Guidelines (the scope of recommending punishment), on the violation of the Act on the Control of Narcotics, etc. (the suspension of execution within three years);

(d) Application of standards for dealing with multiple crimes: 1/2 of the upper limit of the range of sentence among different crimes, which is the highest in the upper limit of the range of sentence among the basic crimes in one to five years, plus 1/3 of the upper limit of the range of sentence among the crimes in one to half years;

3. Determination of sentence: the defendant for one year; and