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(영문) 의정부지방법원 고양지원 2020.06.10 2020고단1160
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor 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 thus he/she shall not sell or administer a psychotropic drug so that he/she can not do so.

1. On August 2019, the Defendant decided to purchase a phiphone from a seller of a phiphone who became aware of a philophone advertisement in the middle of August 2019.

After the Defendant remitted 70,000 won in cash to the deposit account designated by the seller, the Defendant found and purchased approximately 1g of philopon, which is concealed in the stairs rail from any of the Gangnam-gu, Seoul.

2. At around 02:00-4:00 on August 8, 2019, the Defendant administered opphones by inserting approximately 1g of opphones as described in paragraph (1) into a transparent glass pipe and inserting the bottom of the opphones as soon as possible after inserting them into a hopphone.

Summary of Evidence

1. Defendant's legal statement;

1. A narcotics appraisal statement;

1. Each protocol of seizure, each list of seizure, and photographs of seized articles;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

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

(a) Crimes of violation of the Act on the Control of Narcotics, etc. (Determination of types) due to medication; 01. Medication, simple possession, etc. (Types 3);

Items c) and c.

Title [Recommendation and Scope of Recommendation] Basic Field, 10 months to 2 years of imprisonment

(b) Crimes of violation of the Act on the Control of Narcotics, etc. (Determination of Types) due to purchase, (Determination of Types). The sale, purchase, arrangement, etc. of narcotics crimes (Type 2) marijuana, and marijuana.

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