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(영문) 의정부지방법원 2016.06.15 2015고합455
특정범죄가중처벌등에관한법률위반(향정)등
Text

Defendant

A Imprisonment with prison labor for five years, and for six years, for Defendant B.

On the 141.00.00.00.00.

Reasons

(a) System: Systematic or professional crimes, criminal records in the same kind (not less than a three-year suspension of execution), persons with special mitigation: Important investigative cooperation); one year and six months to four years; and

2. Second crime (the crime of the Act on the Control of Narcotics, Etc., listed in Decision 2015 high 455 Ga. 2-2 of the 2015 Ga.): Imprisonment with prison labor for 10 months to 2 years;

3. Class 3 Crimes (as indicated in Decision 2015, 455, 2-c)

Act on the Control of Narcotics, etc. under Paragraph (1) of this Article : Type 3 (C) of the Act on the Control of Narcotics, etc., the group of narcotics crimes, the simple possession of medication, etc. (b) of the said Act, the basic area (in the case of a specially aggravated person: the same criminal record (in the case of a person subject to suspended execution for not less than 3 years), the person subject to suspended execution for not more than 3 years), the basic area

4. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (compacting) under Article 1-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (compacting) is an unregistered crime and the sentencing criteria are not applied.

* Scope of the recommended punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for at least three years [the lowest sentence shall be set according to the standard for sentencing on each crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the guidelines for sentencing are set, and the applicable crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the guidelines for sentencing are not applicable, are in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and the minimum sentence shall be set as a whole according to the standard for sentencing on each crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the guidelines for sentencing are set, and the applicable range of the crimes

2. Defendant B’s act of denying the commission of the crime of selling and selling or attempted to sell phiphones committed in collusion with A while committing the crime of this case. The crime of this case is not contrary to the Defendant’s act of selling and selling phiphones in collusion with A, selling and selling phiphones, giving and receiving, or taking, the phiphones, and selling, smoking, and possessing marijuana.

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