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(영문) 인천지방법원 2016.08.26 2016고단3576
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution in Seoul Southern District Court, and the judgment became final and conclusive on the 21st of the same month.

1. On December 2, 2015, the Defendant: (a) issued KRW 1,500,000 to E and purchased phiphones in a way that he/she receives approximately five grams of phiphones, which are divided into six parts of a single-use injection machine, in front of the new wall C at the Government of the Republic of Korea; (b) purchased phiphones in a way that he/she receives approximately five grams of phiphones.

2. On December 8, 2015, the Defendant issued KRW 1,400,00 to E on the front report of D main points located in Ma, the Defendant purchased philophones in a way that he receives about five grams contained in the plastic paper on the plastic paper.

3. On January 12, 2016, the Defendant purchased 1,400,000 won from G passenger cars parked in F in front of the new wall C at the Government of the Republic of Korea on January 12, 2016, in a way that he/she receives approximately five grams of philopons in six for a single-use injection machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each prosecutor's office with respect to E and G;

1. Application of Acts and subordinate statutes on investigation reports (related to the price of cancer transactions and collection of narcotics);

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 Criminal Facts and Selection of Punishment (the point of purchasing phiphones, the choice of imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

1. The proviso to Article 67 of the Narcotics Control Act;

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

1. Scope of punishment: Imprisonment with prison labor for one month to 15 years;

2. Basic crimes applicable to the sentencing guidelines and concurrent crimes [types] Nos. 2 (b), c, etc.) (the scope of the area of recommendation] basic area, one year to two years: one year: August 3, 200.

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