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(영문) 의정부지방법원 고양지원 2019.05.24 2019고단670
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is not a person handling narcotics, and the defendant shall not receive or administer a psychotropic drug campopon ("copon"incopon"; hereinafter referred to as "copon").

1. At around 18:00 on February 9, 2019, the Defendant received philophones from C with approximately 0.05g of philophones in front of the dwelling place of Gyeyang-gu Incheon Metropolitan City, one-time c, one-time c, one-time c, one-time c, one-time c, and received philophones from C without compensation.

2. At around February 21, 2019, the Defendant administered philophones in a way that 0.05g of philophones in the Defendant’s residence located in the Bupyeong-gu Incheon Metropolitan Government D apartment E, by sending them to coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement concerning C;

1. A drilling report-written request for appraisal, and two copies of a narcotics appraisal report;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of 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., for which relevant criminal facts are applicable and for which punishment is selected;

Bags (Selection 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;

1. Probation 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. The scope of the recommended punishment according to the sentencing guidelines: Class 2 crime that has no basic area (10 to 2 years) of Category 3 (10 to 3) (2) (the scope of the recommended punishment), the area of mitigation (8 to 10 months), the area of mitigation (8 to 6 months), the area of mitigation (8 to 6 months), the area of purchase for medication, simple possession, etc. (a special mitigation) (a special mitigation person), or the scope of final balancing due to the number of aggravations of acceptance for medication, simple possession, etc.: October to February:

2. Although the Defendant was sentenced to suspended sentence due to the same crime, all of the instant crimes are recognized, and his mistake is against himself, and the same record also has been punished once every ten years.

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