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(영문) 의정부지방법원 2018.05.31 2018고단1270
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clophophones (one philophone, hereinafter referred to as “philophones”).

1. On August 30, 2017, the Defendant: (a) administered philophones with D at the “C” guest room located in Mari-si B on August 30, 2017; and (b) administered philophones one time in a way that the philophones amount received from D to the coffee.

2. On September 17, 2017, around September 17, 2017, the Defendant: (a) administered a philophone in the “F” guest room located in Jung-gu Seoul Metropolitan Government E, along with D; and (b) administered philophones once by hanging the philophones in the beer with D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to the prosecution with regard to D;

1. Photographs;

1. Currency details;

1. Application of Acts and subordinate statutes governing monthly trends in narcotics;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (200,000 won = 100,000 won (per page) x twice);

1. One month to fifteen years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes in violation of the Act on the Control of Narcotics, Etc. [Determination of Type] 3 (Determination of Type] (Determination of Place of Recommendation; b. & c.) (Determination of Place of Recommendation] Basic Field / [Scope of Recommendations] 10 months to 2 years;

(b) Scope of recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of ten months to three years;

3. Determination of sentence of punishment of this case is not that of the crime liability in light of the content and risk of the crime in this case;

However, the defendant's mistake is divided and does not repeat again.

The defendant has no criminal record of the same kind and has been sentenced to suspended execution.

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