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(영문) 의정부지방법원 고양지원 2017.07.21 2017고단989
마약류관리에관한법률위반(향정)
Text

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

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Metropha (the Mesophopopopon; hereinafter referred to as the “Mesophopon”) which is a local mental medicine as follows.

1. On September 2016, the Defendant: (a) received 80,000 won in cash from E in return for the purchase of phiphones from Suwon-si, Suwon-si, the Defendant: (b) purchased 1.2g of the philophones, which was saved through a nameless box (F), from E, and traded 1.2g of the philophones, to E.

2. On September 26, 2016, the Defendant: (a) near G located in the same Dong around the beginning of the day on September 26, 2016, 1.2 million won in cash in return for the purchase of philopon from E; (b) moved to D in the same Dong and purchased 1.8g of philopon from E via the above nameless winner.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police suspect interrogation protocol regarding E;

1. (E) Application of statutes; and

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection [the evidence seized shall not be confiscated because it is difficult to view the defendant as being provided to a crime in his/her daily cell phone as a mobile phone];

1. The scope of punishment by law: Imprisonment for not more than 15 years;

2. Application of the sentencing criteria;

(a) Determination of types: Class 2, such as narcotics crimes, trade mediation, etc. (b) ;

B. There is no special sentencing factor:

(c) Scope of recommendations: Basic area, one year to two years; and

3. Crimes related to narcotics, etc. determined to be sentenced, shall be harmful to individuals, families, and society as a whole.

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