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(영문) 전주지방법원 2016.02.17 2015고단1851
마약류관리에관한법률위반(향정)
Text

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

320,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On August 21, 2014, from around 17:00 to around 18:00, the Defendant: (a) received KRW 220,00 from E to E and sold to E mert cptoptoptopy (one philopon; hereinafter “philopon”); and (b) sold to E approximately 0.35 grams, a local mental medicine (one philopon; hereinafter “philopon”).

2. On October 16, 2015, the Defendant administered administered approximately 0.05 grams at the Defendant’s home located in the Nam-gu Incheon Metropolitan City F, and 0.05 grams at a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect concerning G;

1. Statement by each prosecutor about E;

1. Each investigation report and protocol of seizure;

1. Application of narcotics appraisal reports, and the Acts and subordinate statutes requesting appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with labor;

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

3. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (=10,000 won for a dose once in 220,000 won).

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

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

(a) Basic crimes [Determination of Type] 3 (Determination of the sphere of recommendation : Determination of the sphere of recommendation ; Determination of the sphere of general sentencing ; Determination of the sphere of general sentencing ; 2.0 months or repeated crimes of this type [Scope of recommendation] ; Imprisonment with prison labor for not less than 10 months or for not more than 2 years;

(b) Concurrent crimes [Determinations of Type] 2 (referring to hemps, flapsy, item (b), (c), etc.) [Special Sentencings] mitigated elements: Purchase or acceptance for medication, simple possession, etc. [Determinations in the sphere of recommendation] mitigated elements (referring to general sentencings] mitigated elements: A previous offense (limited to a suspended sentence of more than three years but not more than ten years), or a repeated offense of different types [the scope of recommending punishment] sentenced to imprisonment of eight months from to one year;

(c) multiple crimes;

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