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(영문) 춘천지방법원 2015.11.03 2015고단936
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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.

1. On April 3, 2015, the Defendant received approximately 0.08 g (two gramphones) from C’s house located in Chuncheon-si B, and from C, the Defendant received approximately 0.08 g (two gramphones) from C, a psychotropic drug, which has been drawn for gambling.

The Defendant received such philophones.

2. The Defendant, at around 06:00 on August 3, 2015, put 0.0g (two volume of rice eggs) of opon, which was received from the Defendant’s home at around 06:0,00, as in the preceding paragraph, and 0.08g (two volume of opon) of opon, as in the preceding paragraph.

The Defendant administered philophones as such.

Summary of Evidence

1. Defendant's legal statement;

1. Each written appraisal report;

1. Collection: Application of Acts and subordinate statutes to a report on investigation (verification of the market price of smuggling and calculation of the amount to be collected);

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

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

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc. shall be taken into account the following circumstances: The first-class crime [the scope of recommendations] in sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc. and the second-class (6-1 year and 6 months) in the mitigated area (6-1 year and 6 months) (the scope of recommendations] in the mitigated area (6-1 year and 6 months) [the scope of recommendations] in the Special Mitigation Area (4-1 year and 6 months), such as purchase or receipt for medication and simple possession, and the final sentencing range in accordance with the increased number of self-denunciations (4-1 year and 6 months): According to criminal records of the defendant who was sentenced in June-2 and February-3; however, there were identical criminal records in the defendant, but prior to 15 years, the defendant voluntarily surrenders, and the intention of a short-term sentence is shown.

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