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(영문) 인천지방법원 부천지원 2017.05.11 2017고단608
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On January 1, 2014, the Defendant introduced, along with C, a person who was not a book for the sale of camba (one philopon; hereinafter “philopon”), a local mental medicine, via D, and received approximately 0.5g of philopon free of charge, in collusion with C, and received philopon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the prosecution against C or D;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, Article 30 of the Act on the Selection and Management of Narcotics, etc. for Criminal Facts, and Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (i.e., 80,000 won x 0.5g/ 2);

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of punishment / [the scope of recommendation] / there is no person who is subject to special sentencing] in the basic area (from October 2 to 2] / [the decision of sentencing] / The defendant reflects his/her criminal act. The most of the instant penphones in the case are likely to bring about C. The defendant is sentenced to suspended sentence 2 years, protection observation, community service work and pharmacologic treatment for 120 hours, and the sentence of punishment for accomplice C (the Seoul Southern District Court Decision 200 to 3629 decided Feb. 6, 2017). The defendant is sentenced to suspended sentence 1 year as a whole for a crime of violation of the Narcotics Control Act at the Gwangju District Court on December 15, 2016.

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