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(영문) 의정부지방법원 2015.06.05 2015고단1392
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On March 18, 2015, the Defendant: (a) opened approximately 0.7 g of psychotropic drugs-related Meetopon with D, and inhaled a smoke that occurs by heating them into a Razon by promptly using the Razon, at the telecom room where it is impossible to find out the trade name in the Gancheon-dong Pungcheon-dong, Gancheon-si, G, and then 0.7g of psychotropic drugs.

The Defendant, in collusion with D, administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Prosecution investigation reports (verification of transaction prices of narcotics, etc.);

1. Application of police investigation report (in response to response to requests for appraisal with the State, - Madern); and

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (Scope of Recommendation), medication, simple possession, etc., and the scope of comparative sentencing between the two types (10 to 2 years) that have no basic area (10 to 2 years) (10 months): Imprisonment with prison labor for 10 months from 10 months to 2 years (10 months from 10 years from 10 years from 2 years from 2 years from 2 years from 2 years from 2 years from 3 years from 3 years from 10 years from 10 years from 10 years from 10 years from 2 years from 10

(k) A favorable normal situation: A person detained for a considerable period of time and has no particular criminal history in Korea;

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.

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