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(영문) 창원지방법원 밀양지원 2017.12.07 2017고단459
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

A defendant is not a handler of narcotics, and a person who is not a handler of narcotics shall not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, trade, assist in the trade of, or provide narcotics or psychotropic drugs.

1. On January 2017, the Defendant received delivery of a disposable injection device containing 0.03g 0.03g from D, from the ground of inn part of C, 18:00 police officers around 18:0, 2017, at around 18:0, 201, from D, Mepta (one philopon).

2. The Defendant 1 administered 0.03g of philophones delivered by D in a scopon on coffee at the time and place set forth in the above 1.

3. On January 201, 2017, the Defendant received delivery of a disposable injection device from D at the place above 18:00 around the end of the day, and from D, 0.03g of phiphones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of the statutes of the response request for appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the preparation of a sentence is made, and the selection of imprisonment for a crime;

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. The community service order under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection = 100,000 won per single input x two times);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (the scope of a recommended punishment) is administered, simple possession, etc., and there is no basic area (10 months to 2 years) of the basic area (10 months to 3 years).

(b) Purchase or receipt for medication, simple possession, etc. (4 months to 1 year and 6 months) in the area of special mitigation (4 months to 1 year and 6 months), 2 types (mariju, flapsy, etc.) (referring to hemp, flapsy, c. items (b) and (c)), including sale, assistance, etc., and the number of self-denunciation;

(c) Two types of crimes (e.g., marijuana, f., f., item (b) and (c), etc.) including the sale and purchase, good offices, etc.

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