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(영문) 의정부지방법원 2016.08.31 2016고합240
마약류관리에관한법률위반(향정)등
Text

Defendants shall be punished by imprisonment for one year.

However, the defendant B is above two years from the date this judgment became final and conclusive.

Reasons

A. The motive, means, and result of the commission of the crime, the circumstances after the commission of the crime, the defendant's age, sexual conduct, environment, etc., all of the sentencing conditions in the instant case, and the scope of the recommended sentencing guidelines of the Supreme Court (one year to five years);

1. First crime (the crime of violation of the Act on the Control of Narcotics, Etc. under Article 2-1 (k) of the Decree): The group of narcotics crimes, the possession of simple medication, etc., three types (the f.o. and (c) of the f. and the f.o.) of the said Act, the area of aggravation [the person subject to special aggravated punishment: the same criminal record and the suspended sentence for not more than three years], one year to three years;

2. Second offense (the crime of violation of the Act on the Control of Narcotics, Etc. under paragraph (h) of this ruling): The group of narcotics crimes, the possession of simple medication, etc., three types (the b. (c) and (c) of the said Act, the area of aggravation [the person subject to special aggravated punishment: the same criminal record and the suspended execution for not more than three years)], one year to three years; and

3. Class 3 Crimes (the crime of violation of the Act on the Control of Narcotics, Etc. (f) of this Decree): the group of narcotics crimes, the possession of simple medication, etc., Type 3 (b)(c) of the said Act, the area of aggravation [in the case of a special aggravated person: the same previous conviction (in the case of a person subject to the same aggravated aggravated punishment: not less than 3 years of suspended sentence)], 1 to 3 years of imprisonment, and the scope of recommended punishment according to the standards for handling multiple crimes * The scope of punishment according to the standards for handling multiple crimes: Imprisonment of labor for a year to 5 years: the punishment shall

2. The crimes of this case committed by Defendant B are the following: (a) the Defendant, in collusion with Party A, traded phiphonephones or marijuana, administered phiphones or smokes marijuana at the request of Party A; (b) considering the social risk, frequency of the crimes, place of the crimes, etc., the nature of the crimes is not good; and (c) in light of the fact that the Defendant had the record of being sentenced to the suspension of execution due to the same kind of drug crimes in around 199, the Defendant is strictly punished.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant both led to the confession and reflect of each crime, the fact that the defendant was punished for the same kind of drug crime in around 199 before about 17 years prior to the punishment, and there was no record of punishment exceeding the same criminal record or fine, and the motive, means and result of the crime, the circumstances after the crime are committed.

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