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(영문) 수원지방법원 2017.12.14 2017고단7058
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

Despite the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Metropha (one philopon, hereinafter referred to as “philopon”) which is a local mental medicine as follows.

1. On April 29, 2017, the Defendant: (a) decided to purchase a penphone with a mobile phone hold-type application around the new wall; (b) decided to purchase a penphone to the seller of the mobile phone; and (c) purchased a penphone by finding the carphone off at the entrance street, etc. at the entrance of the “B E-ray” parking site at the address of Guro-gu Seoul Metropolitan Government (hereinafter referred to as the place known by the said seller; and (d) up to 400,000 won in cash with the phone price at the same place; and (d) purchased it by the said seller.

2. On July 2017, the Defendant administered a scopon, which was purchased from the Defendant’s house located in Scopic C, in a way that the scopon was cut to be scoponed.

3. On August 2017, 2017, the Defendant administered the scopphones purchased at the home of the above Defendant, using the copher to copher with the copher on beer.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of the processing of reported cases;

1. A protocol of seizure and a list of seizure;

1. A response to each request for appraisal, each narcotics appraisal report;

1. Details of transactions;

1. Application of Acts and subordinate statutes to a report on investigation (the calculation of an additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended punishment according to the sentencing criteria: From October to June; and

(a) Class 3 of the first crime (the scope of each recommended sentence), medication (the scope of each recommendation), simple possession, etc.

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