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(영문) 의정부지방법원 고양지원 2019.04.26 2019고단541
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, and the defendant shall not trade or administer a psychotropic drug psychotropic drug so that he may not do so.

1. On December 24, 2017, the Defendant received Handphones by receiving approximately 0.2 g of Handphones, which are 0.2 g from E, without compensation, in the Defendant’s D classical vehicle parked in the street near the exit No. 12 located in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, via a driver’s seat window, in the Defendant’s D classical vehicle located in Yeongdeungpo-gu Seoul Metropolitan Government.

2. At around 19:00 on December 24, 2017, the Defendant administered opphones by inserting approximately 0.2g opphones on the bar located near the F Station located in Gwangjin-gu Seoul Special Metropolitan City at the location of the Defendant’s DNA, and raising up 0.2g of opphones on the copphones at the bottom of the copter and inhaleing the smoke.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (Attachment of a report on the assessment of narcotics for reference) - a request for appraisal, an investigation report (report on the calculation of an additional collection charge) - Application of Acts and subordinate statutes governing the trends in narcotics

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts are applicable and for which punishment is selected;

Bags (Selection of Imprisonment)

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

1. Article 62 (1) of the Criminal Act;

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

1. The scope of the recommended punishment according to the sentencing guidelines: Class 2 crime that has no basic area (10 to 2 years) of Category 3 (10 to 3) (2) (the scope of the recommended punishment), the area of mitigation (8 to 10 months), the area of mitigation (8 to 6 months), the area of mitigation (8 to 6 months), the area of purchase for medication, simple possession, etc. (a special mitigation) (a special mitigation person), or the scope of final balancing due to the number of aggravations of acceptance for medication, simple possession, etc.: October to February:

2. Crimes of narcotics, such as this case, for which a sentence is to be pronounced, are highly likely to repeat crimes.

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