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(영문) 의정부지방법원고양지원 2020.11.26 2020고단2680
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

Since the Defendant is not a person handling narcotics, he/she shall not sell or administer a psychotropic drug psychotropic drug so that it can not do so.

1. At around 07:00 to 08:00 on April 24, 2016, the Defendant: (a) asked D to purchase opon in lieu of opon; (b) 500,000 won in opon account of opon; and (c) D sent opon account of 500,000 won in opon account of E in place of the said opon; and (d) copon account of 0.8g in opon account of opon.

Accordingly, the defendant purchased and sold philophones.

2. At around 07:00 to 08:00 on April 24, 2016, the Defendant administered a phiphone in a way of inserting approximately 0.05g of philophone into a glass pipe improved in the Jung-gu Seoul Central Government Telephone C, and inhaleing the smoke caused by heating the philophone into a buphone.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to D and F;

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of trade of philophones) of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of trade of philophones) of the Act on the Control of Narcotics, etc., and the selection of imprisonment for each sentence

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act, and Article 62-2 of the Criminal Act for probation;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(b) Second crime (the violation of the Act on the Control of Narcotics, etc.).

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