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(영문) 의정부지방법원 2012.12.13 2012고단2778
마약류관리에관한법률위반(향정)
Text

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

240,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 16, 2012, the Defendant sent 200,000 won of psychotropic drugs to D’s account at D’s request for purchase price for psychotropic drugs (one-time camopopopopopopopopopopopopopopopopopopopopopopopopon; around 00:10 on the 22th day of the same month, the Defendant purchased approximately 0.3gopopopopopopopopon from D’s 5 car parked on the street near Dongdaemun-gu Seoul, Dongdaemun-gu Seoul.

2. At around 00:30 on the same day as Paragraph 1, the Defendant administered approximately 0.3g of philophonephones purchased at the F main point in Dongdaemun-gu Seoul, Seoul, for Mashering.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. A written appraisal;

1. Report on the market price of the Mesphere;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 60 (1) 2 of the Act on the Control of Narcotics, Etc. and Selection of Punishment for Crimes, Articles 60 (1) 1 and 4 (1) 1 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor;

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

1. Crimes No. 1 in the holding of the proviso to Article 67 of the Act on the Management of Narcotics, Etc. (the determination of a type): Class 2 of the Act on the Management of Narcotics, Etc. among the narcotics crimes: Class 3 of the Act on the Management of Narcotics, Etc. (the maximum sentence of crimes No. 1 in the holding of the Act on the Management of Narcotics, Etc.): Class 2 of the Act on the Management of Narcotics, Etc. (the maximum sentence of sentence of crimes No. 1 in the holding of the Act on the Management of Narcotics, etc.): Group 1 of the Act on the Management of Narcotics, Etc. [the decision of the recommended field]: Group 2 of the Act on the Aggravated Punishment, etc. (the decision of the recommended field]: No aggravated area (1 to 6 years) [the general person] [the application standards for multiple crimes] [the imprisonment year 1 to 6 months [the maximum sentence of sentence of punishment of crimes No. 2] 1 and 6 months (the maximum sentence of sentence of punishment at the time of the crime No. 2]

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