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(영문) 수원지방법원 평택지원 2016.02.16 2016고단23

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Receipt and purchase of philophones;

A. On January 2015, the Defendant received approximately 0.07 ghon free of charge, 20.07 ghon, which is a psychotropic drug contained in the white paper from D in the front of Pyeongtaek-si in the middle of 015, on the street, from around 01:0 to around 00, the Defendant received them.

B. On February 2, 2015, the Defendant: (a) paid KRW 300,00 to G via F at the Equa-si Equa-si, Y around February 14:0, 2015; and (b) purchased approximately 0.35 g of philopon, which is contained in G, in a disposable injection machine.

2. On Nov. 1, 2015, the Defendant administered a philophone medication by hanging it to a coffee 0.03g, which was parked in the parking lot of Pyeongtaek-si H lending in the first order of November 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F;

1. Copy of each police statement concerning G;

1. Application of the statutes of the response request for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Class 1 of the sentencing guidelines applicable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: [The scope of the recommended sentence] Class 2 of the mitigation area (important cooperation in investigation, between six months and one year and six months), such as the sale and purchase of the mitigated area (the scope of the recommended punishment), Category 3 of the Special Reduction Area (the receipt of the hemp, important cooperation in investigation, April 1 to June 6), the assistance in investigation, April 1 to June), and the assistance in the sale and purchase of the mitigated area (the scope of the recommended punishment).