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(영문) 수원지방법원 2018.02.08 2017고단8159
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 3 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

1. Despite the fact that the Defendant was not a handler of narcotics, the Defendant administered the clopon medication on November 2017, 2017, using approximately 0.03 grams of Mepopa (one philopon; hereinafter referred to as “philopon”) 0.03 grams, which is a local mental medicine, on a coffee.

2. Notwithstanding that the Defendant was not a handler of narcotics, he/she carried 0.17 g of 12:35 on December 4, 2017, in his/her own authorization hand room and carried it in a way that he/she sets it in the collection room of the above Defendant’s house room.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (the details of receipt of intelligence);

1. Photographs of the seizure site, each protocol of seizure, each list of seizure, and photographs of seized articles;

1. Investigation report (in response to a report, such as a State and a result of a riverine appraisal);

1. Each request for appraisal, each written appraisal, and each written appraisal;

1. Report on investigation (report on the calculation of an additional collection charge);

1. Application of the Acts and subordinate statutes to the correspondence, reply to a request for appraisal, and written appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) 1 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

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

1. Scope of the recommended punishment based on the sentencing guidelines: From one year to four years, and six months [the scope of each recommended punishment]; the scope of the final sentence due to the aggravation of multiple crimes (one year to three years) in the area of aggravation (one year to three years); the area of the aggravated punishment (one year to three years); the period of special aggravated punishment; the period of suspension of execution within three years); the period of one year to four years; the period of six months;

2. Circumstances unfavorable to the decision of sentence: The instant crime is committed again during the grace period, even though the person was sentenced to a suspended sentence of two years for a year by imprisonment with prison labor at the Suwon Friwon on February 10, 2017.

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