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(영문) 의정부지방법원 2018.09.20 2018고단3413
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

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 July 22, 2016, the Defendant accepted approximately 0.05g philophones from the E bank in front of the E bank located in Do Government-si, and received approximately 0.05g philophones from G free of charge among the philophones acquired from the former winners (one name F).

2. On May 9, 2018, the Defendant administered a philophone on one occasion in the J-Korean passenger car parked in the area near the I Station located at H at the Government-Si around 20:00, using the philophone’s clopon’s copon’s copon’s copon’s copon, which was acquired from the former wounded (K) onto the call.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written response to an appraisal (52 pages of investigation records);

1. Investigation report (Analysis of monetary details), telephone conversations details;

1. A report on investigation (calculated on an additional collection charge) and the application of Acts and subordinate statutes on monthly trends of narcotics;

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. for Additional Collection;

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] 2 (Determination of Type], such as trading, arranging for the trade, etc. of narcotics, and the basic field [Determination of the area of recommendation] / [Scope of punishment recommended] 1 year to 2 years;

(b) Crimes of violation of the Act on the Control of Narcotics, Etc. due to medication / [Determination of types] 3 (Determination of the sphere of recommendation / Determination of the sphere of recommendation / [Scope of recommendation ] 10 months to 2 years; and

(c) Recommendation according to the standards for handling multiple crimes;

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