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(영문) 서울남부지방법원 2015.10.28 2015고단3724
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant is not a narcotics handler.

On April 2015, the Defendant received and purchased approximately 550,000 won in cash from C, and approximately 0.9g of psychotropic drugs, at least 0.9g of Mesoft-gu, Yeongdeungpo-gu, Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes concerning C to the protocol of statement of prosecutor, reference, and witness;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

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

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

1. 8 months to one year and six months from the date of imprisonment for the scope of the recommended sentence on the sentencing guidelines.

Items c) and c.

Item (Special mitigation factors: purchase or acceptance for medication, simple possession, etc.)

2. The sentence of narcotics shall be sentenced to severe punishment for the accused as well as the offender himself, but the accused has been severely punished for a serious crime that destroys his family and society, but the accused has committed an act of purchasing once, and the mistake has been divided in Korea, and the accused has no same criminal record in Korea and has no other criminal record other than a single fine, shall be determined as ordered by the sentence in consideration of the fact that the accused has no other criminal record.

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