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(영문) 광주지방법원 2020.11.26 2020고단3522
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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant handled the psychotropic drugs-related cambane (hereinafter referred to as “cambphone”) as follows:

1. At around 21:00 on January 7, 2020, the Defendant: (a) received 2 philophones from D without compensation at the C Co., Ltd. office located in Gwangju Northern-gu B and third floors; and (b) received philophones from D with approximately 0.5g philophones.

2. On January 10, 2020, around 21:53, the Defendant: (a) inserted approximately 0.03g of philopon into a part-time World Cup in the Defendant’s residence located in Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju; (b) injected philopon in a way of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Investigation report (the identity of a suspect and merchant ship D call details analysis and investigation, and the date of crime);

1. Details of the monthly currency on January 2020, respectively, of a mobile phone A (G and H);

1. Application of the D mobile phone (I) details of the monthly telephone call on January 2020, and D mobile phone (I) investigation report on the details of the data call on January 2020 (the calculation of a surcharge) to the Acts and subordinate statutes related to the calculation of a surcharge;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Prevention of Narcotics, Etc., Article 60 (1) 2, and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, and Article 4 (1) and Article 2 subparagraph 3 (b) of the same Act on the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act to issue an order of provisional payment under Article 67 of the Act on the Control of Narcotics, Etc. to be collected additionally under Article 62 (1)

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

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

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Sub-paragraph (Special Number of Punishments): number of self-denunciation [the area of recommendation and the scope of recommendation], six months of imprisonment.

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