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(영문) 수원지방법원 2016.10.06 2016고단4661
마약류관리에관한법률위반(향정)
Text

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

90,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On June 9, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Suwon District Court on September 8, 2016 and the said judgment became final and conclusive on September 8, 2016.

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”), as follows:

On November 2015, 2015, the Defendant received 3g of female-friendly job placement D, and delivered it to C, upon receiving the direction of C, to the motherel near the street park located in Guro-gu Seoul Metropolitan Government, in accordance with the direction of C.

Accordingly, the defendant transported philophones.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. A report on investigation (calculated additional charges);

1. Previous convictions in judgment: Application of the defendant's statement of criminal administration and the Acts and subordinate statutes submitting data related to concurrent crimes under the latter part of Article 37 of

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is recognized as the circumstances in which the defendant recognized the facts of crime and repented the wrong facts.

On the other hand, there is no responsibility for the transportation of philophones that have a significant impact on national health.

The sentence of imprisonment is to be imposed on the Defendant by comprehensively taking account of the following circumstances: (a) the equity in cases where a judgment is rendered at the same time with the offense of violation of the Act on the Control of Narcotics, etc. (e.g., the crime of violation of the Act on the Control of Narcotics, etc.; and (b) the Defendant’s age, character, environment, family relationship, motive and consequence

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