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(영문) 의정부지방법원 2018.04.26 2018고단939
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 clocks (one philopopon; hereinafter referred to as “philopon”).

From January 26, 2018 to January 27, 2018, the Defendant administered philophones once in a way that scopons are delivered to coffee at the dwelling space of the Defendant located in 12:00 between the 26th of the same month by inserting the scopon in the coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of investigation request;

1. Application of the Acts and subordinate statutes of a copy of the narcotics appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

1. Additional collection [the Defendant was convicted of a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on September 6, 2017, and the philophones provided for the medication of the instant case are likely to be part of 0.4g of philophones purchased, received, or accepted by the Defendant from the crime of the said conviction.

Since the amount equivalent to 120,000 won equivalent to the market price of 0.4g phiphones purchased or received by the defendant in the above conviction, the value of phiphones offered for administration of this case shall not be collected separately.

Reasons for sentencing

1. One month to ten years from the date of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The scope of a recommended punishment on the sentencing guidelines [the types of punishment] [the scope of a recommended punishment] and the scope of a recommended punishment [the scope of a punishment shall be determined] and the number of simple narcotics, etc. (b) and (c) [special sentencing factors] and the aggravated factors: One year to three years.

3. The defendant shows his attitude to recognize and reflect his mistake.

The defendant's family appeals against the defendant's wife.

However, in light of the content and risk of the crime of this case, the responsibility for the crime of this case is important.

Narcotics crimes are highly likely to repeat crimes and have social harm, so it is necessary to strictly punish them.

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