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(영문) 수원지방법원 2015.02.06 2015고단412
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

Even if the Defendant is not a person handling narcotics,

1. On September 2014, 2014, after holding approximately 0.1g of psychotropic drug cambacs (one name camblopon; hereinafter referred to as “camblopon”) at the Scamblopon’s office in the Cheongcheon-gu, China, Scambacopon, a psychotropic drug-related camblopon on a gambling ground, heating the bottom by using a camblopter in advance, and then administering it by using the camblopic machine made of plastic bottles created in advance;

2. In the middle of September 2014, approximately 0.1g of philophones, clopon, administered in the above manner at the Scopon Scopon’s house:

3. On September 2014, 2014, after the administration of the medication as referred to in paragraph 2, administering approximately 0.1g of philophones in the above-mentioned private gambling house, in the above-mentioned manner;

4. On January 2015, 2015, the first police officer administered approximately 0.1g of philophones in the above-mentioned manner.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the notification Acts and subordinate statutes to the narcotics appraisal results;

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant provision of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment

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 (The following extenuating circumstances among the reasons for sentencing);

1. Probation, order to provide community service and attend lectures under Article 62-2 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 applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Scope of the recommended sentencing criteria; and

(a) Basic crimes and concurrent crimes: Violation of the Act on the Control of Narcotics, etc. (Determination of types), violation of the Act on the Control of Narcotics, etc. (Determination of types), the group of narcotics, the medication, the simple possession, etc.;

Items c) and c.

Table 【Determination of the recommended territory and the scope of the recommended sentence】 Basic territory (Ten 10-2 years of imprisonment): None of the special factors of punishment:

B. Extent of recommendation according to the standards for handling multiple crimes: the lower limit of 10 months to 3 years shall be 10 months, which is the lower limit of the basic crime, and the upper limit shall be the upper limit of the sentence of the basic crime.

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