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(영문) 청주지방법원 2018.05.17 2017고단1749

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Narcotics Control Act at the Seoul Western District Court on the part of June 15, 2017 and three years of suspension of execution on October 11, 2017, and the judgment became final and conclusive, and is not a narcotics handler.

Criminal facts

1. On February 16, 2017, the Defendant: (a) around 20:30 on February 16, 2017, to E from “D” 506, located in Echeon-si, Gyeonggi-do; (b) Melopon (one philopon; hereinafter referred to as “Melopon”).

approximately 0.03 g, without compensation, received them.

2. The Defendant received approximately 0.03g of philophones from F without compensation at the same time and place as in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning suspect interrogation of E;

1. A written appraisal of each drug;

1. Investigation report (verification of details of temporary currency of crime);

1. Investigative reports (Attachment of related decisions by the E), written judgments, and written judgments;

1. Investigation report (Attachment of F-related summary order) and summary order;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: References to inquiries, investigation reports (in the case of the person against whom the judgment was made and attachment of the judgment), inquiry of the case, and application of the statutes of the judgment;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. 20,00 won = 200,00 won = one penphone (per approximately 0.03g) per national average cancer transaction price of 100,000 won x twice under the proviso to Article 67 of the Narcotics Control Act;

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

1. The basic area (from October to two years) of the sentencing criteria (the scope of the recommended punishment) (the scope of the recommended punishment) and the basic area (the items (b) and (c) of the same subparagraph) of the three types, including medication and simple possession, etc.;

2. The circumstances under which the sentence of sentence is rendered, and the age, occupation, sex, family relationship, and post-crime of the defendant.