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(영문) 서울남부지방법원 2014.06.18 2014고단1667

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On October 2013, 2013, the Defendant purchased cF on the street near an enterprise bank located in Ansan-si, Annsan-si, with approximately KRW 0.5g of psychotropic drugs contained in vinyl cF and purchased cF on the cF on the cF’s surface.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the police interrogation protocol copies of CF;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

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

1. The scope of recommended sentences according to the sentencing criteria (the determination of types) shall include the sale, purchase, mediation, etc. of narcotics, marijuana and the flavoring;

Items c) and c.

Title, etc. [Scope of Recommendation] Imprisonment 1 year - 2 years (Basic Area)

2. Determination of sentence is inevitable in light of the seriousness of the harm that narcotics have on society and the necessity of eradicating the narcotics crime. However, the crime of purchase of the instant penphones is only one time, and there is no record of punishment in the Republic of Korea, and the defendant's age, character and behavior, environment, circumstances leading to the crime, means and methods of the crime, circumstances after the crime, and all of the sentencing conditions, such as the attitude in this court, shall be determined as ordered, comprehensively taking into account the following factors: