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(영문) 수원지방법원 안산지원 2019.09.20 2019고단2443
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Violation of the Act on the Control of Narcotics, etc. (flag) - The Defendant received and delivered phiphonephones from C on March 14, 2018 at the underground parking lot B at Andong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, with approximately 0.03 grams of phiphones.

2. Violation of the Act on the Control of Narcotics, etc. - The Defendant administered philophones by means of injecting approximately 0.03g of philophones received from C at the time and place described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement concerning C;

1. Records of seizure and the list of seizure;

1. Requests for appraisal;

1. A copy of the report requesting appraisal, copy of the results of DNA search and seizure, and a copy of the report;

1. The telephone conversations between C and the suspect;

1. Application of Acts and subordinate statutes reporting market prices related to additional collection charges;

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., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The proviso to Article 67 of the Narcotics Control Act;

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) Crimes of violation of the Act on the Control of Narcotics, etc. (determination of types) (referring to the determination of types), 01. 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) Scope of recommendations according to the standards for handling multiple crimes: Ten months to three years (the maximum of crimes No. 2) of imprisonment;

2. The Defendant, who was sentenced to sentence, committed the instant crime even though he had the record of serving several punishments for the same kind of crime.

However, the defendant's mistake.

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