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(영문) 의정부지방법원 고양지원 2019.03.15 2017고단3413 (1)

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

No person, other than a person handling narcotics, may administer or sell a psychotropic drug camacopon (hereinafter referred to as “coponon”), and the Defendants are not the person handling narcotics.

1. Medication of phiphones;

A. On July 2017, the Defendant administered philophones in such a way as to inhale them into a medication system made as soon as water and as soon as possible, with the volume of philophones, which was possessed in the B building in Socheon-gu, Seocheon-gu, or in the residence in C, and the volume of philophones in which the philophones were laid above the string.

B. On July 31, 2017, the Defendant himself.

A. The volume of philophones off at the place described in the paragraph above.

was administered in the same manner as the paragraph.

2. Purchasing phiphones;

A. On July 2017, the Defendant purchased approximately KRW 0.3g of 200,000 in cash from D’s telephone at the mutual stongdong, Seocheon-gu, Seocheon-gu, Seocheon-gu.

B. On July 2017, the Defendant purchased approximately 0.3g of philophones from D in cash from the mutual influences located in the fluence Dong, Seocheon-gu, Seocheon-gu, Seocheon-si.

Summary of Evidence

1. Examination of suspect suspect regarding D by the prosecution;

1. Police suspect interrogation protocol of the accused;

1. A written appraisal and acceptance from the State and the State against the riverine and hair;

1. Application of Acts and subordinate statutes to a report on investigation (the calculation of a surcharge);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

Bags (Selection of Imprisonment)

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Second crimes that have no basic area (10 months to 2 years) of types 3 (10 months from 10 to 2 years) (the scope of recommendations), medication, simple possession, etc. (2 years from 10 months to 3) according to the sentencing guidelines) (the scope of recommendations), the basic area (10 months to 2 years) of the administration, simple possession, etc. (2 years from 10 months to 2) of the sentencing guidelines (2 years from 10 days).