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(영문) 수원지방법원 2016.05.10 2016고단1440

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Even if the Defendant is not a narcotics handler, the Defendant handled the Metropha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On March 23, 2016, the Defendant provided E with 0.2g opphones free of charge from “Del” located in Pyeongtaek-si C at around 22:00.

2. Around March 24, 2016, the Defendant administered opon medication in a way that 0.08g opon on the copon to a coffee at the copon.

3. On March 25, 2016, the Defendant: (a) was placed in a vehicle parked in the parking lot near Pyeongtaek-si F on March 25, 2016, by dividing approximately 1.18g of Handphone into two vinyls and storing them in a household room.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Photographs of the seizure site, protocol of seizure, and list of seizure;

1. The application of response to a request for appraisal (such as the party's response to the request for appraisal) and the statutes on the 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 Prevention of Criminal Facts and the Selection of Punishment (Selection of Imprisonment with prison labor)

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 stay of execution (see, e.g., the recognition of and reflects on his/her mistake, and the primary charge);

1. The first crime (Provision of a penphone) within the scope of the recommended punishment on the sentencing guidelines for KRW 100,000 for one penphones (i.e., 00 won x 500,000 won x 2/7,000 won x 100,000 won x 142,00 won x (i.e., 00 won x 0,000 won x 10,000 won x (ii) the scope of the recommended punishment) of the basic area (i.e., two types (b) of crimes (i., marijuana, far b., and c., item (b) and (c) of the second type of crimes (i.e., 1 year to 2 years) of the Act on the Control of Narcotics, etc.;