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(영문) 수원지방법원 2016.03.31 2016고단295
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On March 27, 2009, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) by the Seoul High Court, and five years of imprisonment for robbery, and completed the execution of the sentence in the Giju prison on July 29, 2015.

Although the Defendant, who is not a narcotics handler, did not trade, assist in the trade of, give or receive, possess, possess, possess, use, manage, prepare, administer, etc. the cathophone (hereinafter referred to as “cathophone”) which is a local mental medicine, the Defendant received and delivered the catphone as follows.

1. On August 2015, at around 17:00, the Defendant received 0.3g of philopon from E within the limit of 301 of D in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, and received it.

2. On September 3, 2015, the Defendant received 0.06 g of philopon from G street in front of G in the area F of the Suwon Line F, the Defendant received H free of charge, 0.06 g of philopon.

3. On October 30, 2015, the Defendant received 0.18g of philopon from H free of charge within the office of office No. 301, Nam-gu, Incheon Metropolitan City, Seoul, the Defendant received 0.18g of philopon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the date of release, etc.);

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 Criminal Facts and the Selection of Punishment (the receipt of philophones, the point of receipt of philophones, the selection of punishment by imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Sentencing criteria;

(a) A crime No. 1 (the scope of a recommended punishment) is the basic area (one year to two years), including the category 2 (mariju, b. (c. items (a) and (c)), including sales, good offices, etc.).

B. No. 2 crime (the scope of a recommended punishment) is the basic area (one year to two years) (one year) of the two types (mariju, b. c., c., etc.) including the sale and good offices, and there is no special sentencing factor.

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