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(영문) 수원지방법원 평택지원 2016.04.29 2016고단227
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 26, 2015, the Defendant: (a) received KRW 500,000 in cash from E at the Gyeonggi-do Pyeongtaek-si D parking lot; (b) sold a disposable injection device with approximately 0.3g of approximately 0.3 grams of mematic drugs (i.e., one philopon; hereinafter “philopon”).

2. On February 7, 2016, at around 19:00, the Defendant added approximately 0.25 grams of marijuana to the empty tobacco located on the office located on the 2nd floor of Pyeongtaek-si in Gyeonggi-do, and added a smoke with a smoker, and smoked.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation by the prosecution (report on the calculation of additional collection charges);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1), 2 subparag. 3(b) (the point of trade of philopon), Article 61 subparag. 4(1) and Article 3 subparag. 10 (the point of trade of philopon), and Article 61 subparag. 4(1) and Article 3 subparag. 10 (the point of trade of blopon) of the Act on the Control of Narcotics, etc., and

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

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. The scope of punishment: Imprisonment with prison labor for not more than 15 years;

1. Determination of types - Basic crimes (the point of trade of phiphonephones): Class 2 of the group of crimes, such as trade, arrangement, etc. - Concurrent crimes (the point of smoking marijuana): Class 2 of the group of crimes, such as medication and simple possession;

1. Special sentencing factors: Important cooperation in investigation;

1. Scope of recommendations - Basic crimes: Imprisonment for eight months to one year and six months (the basic area of two types): Imprisonment for a concurrent crime: six months to ten months;

1. Scope of punishment recommended according to the standards for handling multiple crimes - Imprisonment with prison labor for eight months to one year;

1. Division of a suspended execution:

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