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(영문) 의정부지방법원 2016.11.25 2016고단3993
마약류관리에관한법률위반(향정)
Text

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

No. 1 of the evidence seized by the defendant shall be confiscated, and 30,000 won shall be confiscated.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On July 1, 2016, the Defendant received psychotropic drugs by receiving approximately 0.05 g of psychotropic drugs from D, with no compensation, at his/her trade influsium around the beginning of the beginning of July 2016, by receiving approximately 0.05 g of psychotropic drugs from D.

2. At around 19:00 on September 19, 2016, the Defendant administered psychotropic drugs by drinking the penphones received, such as the foregoing paragraph (1), into coffee, in the room 209, “F hotel” located in Scheon-si E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure of each police;

1. An investigation report (in relation to merchant ships of a suspect), a report on an investigation (Attachment of details in DNA currency with a suspect), a report on an investigation (in cases of a suspect and DNA currency reports), a report on an investigation (in cases of a State, a riverine and an autopsy report), a report on an investigation (in cases of an electronic appraisal report), a report on an investigation (in cases of a State, a report on an investigation) and a report on an investigation;

1. The application of Acts and subordinate statutes of a reply to the request for appraisal, a gene appraisal report, and a maternity appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (the point of delivery and receipt of oponon), Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (the point of delivery and receipt of oponon) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment for each crime;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (applicable to calculation: 30,000 won = The amount additionally collected in relation to the receipt of a phiphone under paragraph (1) as indicated in the judgment (=600,000 won x 0.05g x 0.05g): Provided, That since the phiphone medication under paragraph (2) of the judgment was administered by a phiphone pursuant to paragraph (1) of the judgment, it is not additionally collected in relation to this part);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is for the first-class crime (the scope of recommending punishment), medication, simple possession, etc.

Items (c) and (c).

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