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(영문) 수원지방법원 2019.06.14 2019고단1954
마약류관리에관한법률위반(향정)
Text

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

430,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to a suspended sentence on July 22, 2016 by the Seoul Central District Court for two years and six months after having been sentenced to a suspended sentence on November 16, 2016, and is currently under suspended sentence.

【Criminal Facts】

Despite the fact that the Defendant is not a narcotics handler, the Defendant dealt with psychotropic drugs-related psychotropic drugs-related Mesophopon (tentatively referred to as “copon”; hereinafter referred to as “copon”).

1. On May 16, 2018, the Defendant: (a) purchased a phiphone and decided to administer the phiphone; (b) deposited KRW 430,000 in the account of a national bank (D) designated by the seller of the phiphone on his/her name and deposited KRW 430,000 in the account; and (c) purchased a phiphone by receiving approximately 0.5 g of a plastic phone attached to the buphone outside of a commercial building in Dobong-dong, Seoul Special Metropolitan City.

Accordingly, the Defendant conspired with B to sell philophones.

2. At around 01:00 to 02:00 on May 17, 2018, the Defendant administered phiphones with B, by drinking the phiphones into the mutual unfold telephones located in Gangdong-gu Seoul Metropolitan Governmentcheon-dong, and 0.07g of phiphones into the water.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the examination protocol of accomplice B;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (reports including confirmation of facts during suspended execution of sentence);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 1, and Article 2 of the

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. 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, etc.]. Medication, simple possession, etc.

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