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(영문) 수원지방법원평택지원 2020.10.22 2020고단661
마약류관리에관한법률위반(향정)
Text

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

1. On April 31, 2019, the Defendant: (a) asked the Gwangju District Court of Gwangju to seek Ma (an indictment for the violation of the Act on the Control of Narcotics, Etc. (fence) to seek Mesocopon (hereinafter referred to as “phiopon”) from E (at present during the investigation of the Suwon District Prosecutors’ Office) known to him; (b) had the said E enter the said E into the vicinity of the F apartment of Gwangju Metropolitan City at a time of 500,000 won; and (c) purchased E with the volume of loopon by paying 50,000,000,000 won in cash to E.

2. On April 2019, the Defendant administered philophones by means of a method of promptly inhaleing the smoke generated by heating below the following (i.e., the first name hereinafter referred to as “the first name catis method”) among the police officers in Gwangju Metropolitan City G Apartment G apartment H, Gwangju Metropolitan City.

Summary of Evidence

1. Application of the defendant's protocol of interrogation of suspect to prosecution;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

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

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

1. Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing criteria (decision of type): 02. Sale, purchase, mediation, etc. (Type 2) marijuana and perfutation;

Items c) and c.

Measures for mitigation, such as wood, etc. (Special Convicts): Purchase or receipt for medication, simple possession, etc. (the area of recommendation and the scope of recommendation); the area of mitigation; imprisonment between August and January 16;

3. Recognition of the crimes of this case by the Defendant of the sale and purchase of phiphonephones and the frequency of medication as indicated in a judgment of sentence.

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