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(영문) 수원지방법원 2016.08.11 2016고단1120
마약류관리에관한법률위반(향정)
Text

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

147,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant received and administered the Metropha (one philophone, hereinafter “philophone”) which is a local mental medicine as follows.

1. On July 2015, the Defendant: (a) promised to receive philophones from E on the top floor of the officetel 1 in the Bupyeong-si, Nowon-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) on the one hand; (b) received philophones from F in receipt of instructions from E; and (c) received philophones from F in receipt of instructions from E to receive them.

2. On July 2015, the Defendant: (a) administered 0.05 gramopon in a can, within the vehicle for the Defendant’s driving of the Defendant, who stopped on the road side near the officetel in the influence in the influence in the influence of influence; (b) in the middle of 2015, it was administered in a can, in a way that it wraps it into the coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police statement made to F and E;

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

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. The reasons for sentencing 0.6: 147,00 won = retail price of one gram of penphone x 245,000 won x reasons for sentencing; and

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

(a) A Class 1 crime (the scope of a recommended punishment) in the area of aggravation (one year to three years) in the area of aggravation (one year to three years), such as medication, simple possession, etc. (the period of suspension of execution within three years);

(b) Two types of crimes (referring to the scope of recommendations), such as purchase and sale, good offices, etc. (referring to marijuana, flavoring (b), c. item (d), etc.) and two types of crimes (referring to the suspension of execution within three years) for medication (referring to August to one year and six months) / previous crimes of the same kind (referring to the suspension of execution within three years);

(c) The scope of final sentence due to the aggravation of multiple offenses: one year to three years.

2. The defendant who was sentenced to sentence shall be punished by imprisonment on March 27, 2015 with respect to a violation of the Act on the Control of Narcotics, Etc. in the support of the Incheon District Court.

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