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(영문) 수원지방법원 안산지원 2016.01.27 2015고단3798
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On November 20, 2014, the Defendant: (a) in the vicinity of D in Daegu Agu Suwon-gu, A around 01:00, the Defendant 1 g of Mesofta (one philopon; hereinafter “Wlopon”) (one philopon”; and (b) received 600,000 won from E, a single Melopon (one philopon; hereinafter “Wlopon”).

Accordingly, the defendant purchased and sold philophones.

2. On May 1, 2015, the Defendant received 600,000,000 won from Gelel located in Daegu-si, Daegu-si, Daegu-si, for a single-use fraud, 1g philopon to H, which is contained in 2 L, and 60,000 won from H.

Accordingly, the defendant purchased and sold philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of E and H by the prosecution;

1. The details of communications;

1. Application of Acts and subordinate statutes to a report on investigation (report on the market price of phiphonephones);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of a punishment are applicable to a crime (or selection of imprisonment);

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 suspended execution;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of the recommended sentence: The scope of the final sentence due to the increase of the number of self-denunciation (person subject to special mitigation) by the mitigated area ( August 1 to 6) for the mitigated area (Article 8-1) for the Class 2 (Article 8-2) for the mitigated area (Article 1-2) for the crimes of Class 2 (Article 1-2) for the basic area (one year to two years), including the sale and purchase of types (Article 1-2) for Class 2 for the crimes (Article 1-2); 2-2 for the basic area (Article 1-2);

2. The defendant's age, sex, environment, circumstances leading to the instant crime, etc. that are contrary to the decision-making of the sentence, the number of self-denunciation, and the trade of phiphones without the same criminal record, are bad;

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