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(영문) 춘천지방법원 2016.11.03 2016고단868
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Receipt of Handphones;

A. On May 2016, at around 18:00, the Defendant received from C a single-use fluorculatory drugs containing one square meter from C in front of Chuncheon-si, B at around 18:0,00, a fluoral flusium (hereinafter “culon”). The Defendant received fluoral flusium from C without compensation.

B. On May 23, 2016, at around 18:00, the Defendant received from C a single-use injection machine from B in front of Chuncheon-si, B, one column of snow-phones containing one column of snow-phones.

Accordingly, the defendant received philophones twice.

2. Medication of phiphones.

A. On May 2016, the Defendant injected philophones received from the Eel room located in Kucheon-gun, Hongcheon-gun, Hongcheon-gun, for sale in water, around 21:00 on May 1, 2016 (the same date as the date stated in paragraph (1) of this Article).

B. On May 23, 2016, at around 19:00, the Defendant injected philophones received from the Defendant’s house of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, 201, 1303, from the Defendant’s house to melting in water, as set forth in paragraph 1(b).

Accordingly, the Defendant administered philophones twice.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Records of seizure and the list of seizure;

1. Each written appraisal report;

1. Application of Acts and subordinate statutes to investigation reports (market price reports and report on the calculation of additional collection charges);

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of recommendations according to the sentencing criteria;

(a) Basic crimes (acceptance of Handphones) [Determination of types] 3 types of narcotics and simple possession, etc. (excluding special mitigation factors) / [Limits of recommending punishment] 10 months to 2 years (basic management station) by imprisonment;

(b) The same crime as one of the basic crimes under paragraphs (1) and (2).

(c) multiple crimes;

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