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(영문) 춘천지방법원 2016.11.03 2016고단870
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

The defendant is not a person handling narcotics.

1. On February 28, 2016, the Defendant: (a) 17:30 on February 28, 2016, on the street, at C’s house located in Chuncheon City B, the Defendant 10,000 won of the purchase price for psychotropic drugs C (hereinafter “prophone”); (b) 100,000 won of the purchase price for psychotropic drugs, and (c) 1 of the disposable injection with approximately 0.2g of the opphone at the same place.

Accordingly, the defendant purchased and sold philophones.

2. On February 28, 2016, at C’s house located in Switzerland-si B, around 17:35, 2016, C divided approximately 0.2g of opon, purchased as set forth in paragraph 1, into two for a single-use injection instrument, and then melting one into the Defendant’s arms, and the remainder into C’s arms.

Accordingly, the Defendant conspired with C to administer philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (the point of trade of phiphonephones) of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., Article 30 of the Criminal Act, Article 30 of the Criminal Act concerning the crime, the choice of imprisonment for each sentence;

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

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

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics;

1. Scope of recommendations according to the sentencing criteria;

(a) Type 2 (No Special Mitigation factors) (no elements for mitigation), such as marijuana, native (b) item (c) and item (c)), such as sales, brokerage, etc. of the narcotics crime group; 1 to 2 years (basic area) imprisonment with prison labor for a term of 1 to 2 years (a basic area);

(b) Class 3 (D) (no elements for special mitigation) of concurrent crimes (a decision of type) (a decision of types), the medication, simple possession, etc. of narcotics crime group. (b) and (c) (a special mitigation element) (the scope of recommending punishment).

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