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(영문) 전주지방법원 2015.11.26 2015고단1727
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

60,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On April 29, 2014, the Defendant: (a) around the 2010:0 am, at the EM room near the D Bus Terminal located in Changwon-si, Changwon-si; (b) received KRW 500,000 from F, and sold to F approximately 0.7 g of the MM, a psychotropic medicine, a fromatic drug (one philopphone; hereinafter referred to as “philopon”).

2. At around 21:30 on October 12, 2015, the Defendant administered medication at the guest room 211 located in Gangdong-gu Seoul Metropolitan Government H, and approximately 0.03 g gramphones on a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by each prosecutor's office with respect to F;

1. Each investigation report and the report for calculation of additional collection charges;

1. Reporting on the results of an Agbyane test;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment, respectively, concerning the facts constituting an offense;

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

1. Reasons for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (600,000 won = 500,00 won for a single sale)

1. From one month to fifteen years of the applicable sentences in law;

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

(a) The same criminal record (a) in the area of aggravated punishment (1 year and six months to four years), such as the area of aggravated punishment (1 year and six years to four years), of Type 2 (the period of suspended punishment for not more than three years), such as selling, buying, arranging, etc. of crimes (the period of suspended punishment for not more than three years);

(b) A previous criminal record of the same kind (not more than a three-year suspended sentence) in the area of aggravation (one-year period and three-year period) of Part III (one-year period and one-third years), such as medication, simple possession, etc.

(c) The scope of final sentence due to the aggravation of multiple offenses: one year and six months to five years and six months;

3. The defendant's decision to sentence all of the crimes in this case is recognized and his depth is divided, and the defendant's wife is de facto.

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