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(영문) 수원지방법원 평택지원 2018.11.02 2018고단1007
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On July 20, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Suwon Franchising Station. On July 21, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime at the Seoul Northern District Court, and completed the execution of the sentence at the Suwon Nan District Court on July 22, 2017.

[Criminal facts] The Defendant is not a narcotics handler

1. On February 27, 2018, the Defendant received 04:00, from D, the Metropia (hereinafter “Mesophopon”) 0.2g of Metropia (hereinafter “Mesophopon”), which is a local mental medicine, from D, on the front of the Matribu Line B located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si.

2. On February 28, 2018, the Defendant provided F with 0.2g of Mepters, which was provided to F in the vicinity of Suwon-si E, Suwon-si, Suwon-si, as described in the preceding paragraph, at around 17:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. Statement made by the police with regard to F;

1. The investigation report (the cell phone part in possession of the suspect);

1. Currency details;

1. Each photograph;

1. Previous convictions: The results of inquiry, investigation reports (verification during the period of suspect repeated crime), and application of Acts and subordinate statutes governing the status of personal confinement;

1. Article 60 (1) 2, Article 4 (1), and Article 2 (3) b of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

(a) Class 1 crime (the scope of a recommended punishment). The basic area (one year to two years), including the basic area (one year to two years) (special mitigation) / The important cooperation in investigation / the same criminal records and previous criminal records (the suspension of execution of execution of not more than three years) for the same kind of crime (the suspension of execution of execution of not more than three years);

B. Two types of crimes (e.g., marijuana, f., f., d., and c.) (i.e., 1 year to 2 years) basic areas (i.e., e., e., mariana), including sales, good offices, etc.

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