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(영문) 수원지방법원 2015.05.13 2015고단767

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 4, 8 to 14 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

Although the Defendant, who is not a person dealing with narcotics, was prohibited from administering or selling a psychotropic drug clockopopon (hereinafter “coponon”), he administered, traded, or possessed the following copon.

Defendant

1. On 17:00 on 17:10 on 17:15, innju City, administering phiphones by inserting 0.03g of philophone into a scopic toilet in the direction of Incheon, and inserting 0.03g of philophone into a scopic in a scopic in a water so as to inject into the left bloodline;

2. On February 17, 2015, around 19:55, selling phiphonephones in front of the “Fate” store located in Gwanak-gu in Seoul Special Metropolitan City, Nowon-gu, with a cash of KRW 1 million from G, and with a cash of KRW 2.04g of phiphones in possession;

3. The date, time, place, and page 0.304g of phiphonephones were stored in a transparent plastic bag and carried a phiphone in a way that they are kept in a bags.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of each letter of narcotics appraisal;

1. Relevant Article of the Act on the Control of Narcotics, etc., for the Fact of crime, and the choice of a sentence, and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the points of administered phiphones, trade and possession) of Article 2 and choice of imprisonment with prison labor

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Act on the Control of Narcotics, etc.;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Scope of the recommended sentencing criteria; and

(a) Basic crime: Violation of the Act on the Control of Narcotics, etc. (Determination of a sentence), narcotics crime group, trade mediation, etc.;

Items c) and c.

Table 【Determination of the recommended territory and Scope of Recommendations】 Basic territory (one year to two years of imprisonment): None of the special factors of punishment:

(b) Class 1 and 2 concurrent crimes: Violation of the Act on the Control of Narcotics, etc. (Determination of types), the group of narcotics crimes, medication, simple possession, etc.