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(영문) 의정부지방법원 2017.11.21 2017고단4059
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor 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

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clocks (one philopopon; hereinafter referred to as “philopon”).

1. On April 10, 2017, the Defendant: (a) paid KRW 700,000 to C at the Gangnam-gu Seoul Underground Parking Lot; and (b) purchased philophones 0.35g, which C sought from D.

2. On April 11, 2017, the Defendant administered philophones two times by inserting the philophones purchased as set forth in paragraph 1 at the dwelling of the Defendant, E, 119 Dong 1202, into a single-use cloppy in a single-use injection instrument, and dilution them into the Defendant’s arms in two times.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect C by the police;

1. Characteric message photographs;

1. Mobile phone photographs;

1. A statement on the appraisal of maternal narcotics;

1. Report of investigation (Attachment to C, D, and Judgment) and application of the statutes governing the judgment;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (350,000 won = 700,000 won (per retail price per 0.7g) x 0.35g);

1. One month to fifteen years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes of violation of the Act on the Control of Narcotics, Etc. [Determination of Type] 3 (Determination of Type] (Determination of Place of Recommendation; b. & c.) (Determination of Place of Recommendation] Basic Field / [Scope of Recommendations] 10 months to 2 years;

(b) Scope of recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of ten months to three years;

3. Determination of sentence of punishment of this case is not that of the crime liability in light of the content and risk of the crime in this case;

However, the defendant himself.

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