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(영문) 수원지방법원 2015.02.06 2014고단6918
마약류관리에관한법률위반(향정)
Text

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

390,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On January 13, 2011, the Defendant, at the Ulsan District Court, sentenced ten months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the said sentence in the Ulsan Detention Center on July 30, 201.

【Criminal Facts】

Even if the Defendant is not a person handling narcotics,

1. On April 4, 2014, at around 06:41, he/she remitted to BD the purchase price of psychotropic drugs c.90,000 won for psychotropic drugs c. Mec. Mec., and then purchases them by finding approximately 0.2 g of the instant Mec. c. c., which was concealed under the change of BD from the iron toilet located in the Mec. Sic. Sic. Sic. Sic. 06:50 on the same day;

2. At around 14:00 on April 4, 2014, approximately 0.2g of philopon was administered in a mutually influoral telescope, which is located in a non-fluoral area of Ulsan Metropolitan City, by drinking in water.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police about BD;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiry reports and personal identification or confinement status;

1. Relevant legal provisions and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (the point of delivery and purchase and sale of phiphones) of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor for each crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

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: One month to 30 years of imprisonment;

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), the group of narcotics crimes, the trading, good offices, etc.;

Items c) and c.

Sub-paragraph [Determination of the recommended territory and Scope of Recommendations] Aggravation (one year and six months to four years of imprisonment): The previous department (not less than a three-year suspended sentence)

(b) Concurrent crimes: Violation of the Act on the Control of Narcotics, etc. (Determination of types), narcotics crimes, medication, simple possession, etc.;

Items c) and c.

The term of imprisonment [the scope of the recommended territory and the range of the recommended sentence] is aggravated.

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