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(영문) 창원지방법원 밀양지원 2017.05.18 2017고단37
마약류관리에관한법률위반(향정)
Text

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

400,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The defendant, who is not a narcotics handler, shall not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, trade, assist in the trade of, or provide narcotics or psychotropic drugs.

1. On February 11, 2017, at around 20:00, the Defendant offered E with a request to seek a camctop phone operator (one camcopon; hereinafter “camcopon”) from a pro-Japanese in front of the apartment complex C, and offered E with a call to sell the camcopon, and then 30,000 won received from D after taking a camcopon on the top of the restaurant located in the camcopon in the camcopon, and then cut off the camcopon from the camcopon that was parked in the front of the camcopon in the camcopon.

Accordingly, the defendant assisted the trade of philophones between E and D.

2. The Defendant, at around 19:00 on February 13, 2017, administered philophone medication by dilution approximately 0.03 g of philophone, which was held less than 0.03 g, in the Defendant’s residence, at around 107 dong 805, as in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to correspondences requested for appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which a penalty is selected, and the choice of imprisonment for a crime, respectively;

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. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (100,000 won = 300,000 won/per 100 won); and

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

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

(a) Class 1 crime (the scope of recommended punishment) is traded, arranged for sale, etc.;

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