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(영문) 의정부지방법원 2016.02.03 2015노3428
마약류관리에관한법률위반(향정)
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

83,00 won from the defendant.

Reasons

(a) Previous: Provided, That Article 38 (1) 2 and Article 50 (Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Control of Narcotics, etc. by Receiving and Receiving Handphones with more severe quality of the crime)

1. proviso to Article 67 of the Narcotics Control Act (83,00 won = Retail price of 830,000 won per kilogram x received 0.1g);

1. The Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act was sentenced to a punishment for the same kind of crime on June 20, 2012, and subsequently committed the instant crime again during the period of repeated crime even after the execution of the sentence was completed on June 20, 2012 is under the circumstances unfavorable to the Defendant. The Defendant recognized and reflected the Defendant’s crime, and the content of the instant crime is very important for the instant case to be administered once a phiphonephone received without compensation by the

The fact that the defendant could not be said to have actively cooperated with the investigation of the drug-related criminal by the investigative agency, the fact that the doctor in charge of treating the drug addiction of the defendant wants to provide active treatment to the defendant, and that the detention of the defendant would cause considerable difficulty to the dependent if the detention is prolonged is favorable to the defendant.

Crimes (Medication) No. 1 of the Supreme Court's sentencing conditions, including the motive and background of the crimes including the above circumstances, the circumstances after the crimes, the defendant's environment, family relations, and previous convictions, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court (A. 10 months of imprisonment - 2 years and September): Type 3 (A. b. c. f., the military of narcotics crimes, medication and simple possession, etc.), the basic area (a. : the important investigation cooperation, the special aggravated factors) - October 10 (a. b. c. c.) - Two years and 2: Purchase or receipt for medication, sale and arrangement, etc., the mitigated area (a. b. c. f., special mitigated factors: the same kind of criminal records), the mitigated area (a. b. c., the number of special aggravated factors: the number of punishment pursuant to the sentencing guidelines of the majority of crimes pursuant to the sentencing guidelines of the Supreme Court;

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