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(영문) 수원지방법원 안양지원 2016.07.22 2016고단114
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

60,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On April 14, 2015, the Defendant: (a) around 02:00, the Defendant: (b) received KRW 500,000 from E in the D Park located in Mayang-gu, Mayang-si C; and (c) delivered approximately 0.27ggg of mephones, which are contained in a disposable injection machine (hereinafter referred to as “mephones”).

2. On January 25, 2016, the Defendant administered 0.03g of philophones with water from the toilets set forth in A, A, Dong 202 of the Manyang-gu Building F, Annyang-gu, Annyang-si, Annyang-si.

Summary of Evidence

[Judgment No. 1]

1. Legal statement of witness E;

1. Each investigation report (report on the analysis of suspect A-related and witness E mobile phone use, confirmation of the number of mobile phone use of suspect A-related mobile phone use).

1. Statement by the defendant in court;

1. A letter of appraisal of narcotics;

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of an additional collection charge);

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 proviso to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Reasons for sentencing under Article 186(1) of the Criminal Procedure Act for the burden of litigation costs [the scope of the sentencing guidelines] - Crimes of violation of the Act on the Control of Narcotics, etc. by Handphones trading - Crimes of violation of the Act on the Control of Narcotics, etc. by Handphones trading (1 to 2 years) - Crimes of violation of the Act on the Control of Narcotics, etc. by Medicationing Handphones (1 to 3 years) in the basic area (1 to 2 years) - the basic area (1 to 3 types (2. b. and c.) of the three types (10 to 2 years) in the basic area (10 to 10 years), the scope of final sentence pursuant to the aggravated punishment by 1 to 3 years (determination of sentence): The same kind of previous conviction is recognized - normal: 1 to 3 years (determination of sentence) - The normal area of crime committed by phiphones.

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