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(영문) 춘천지방법원 2013.10.31 2013고단927
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 of the final judgment.

Reasons

Punishment of the crime

The defendant shall not possess, possess, use, transport, control, import, export, prepare, prepare, administer, administer, administer, administer, deliver, receive, trade, arrange for trade, or provide, a psychotropic drug, which is not a person handling narcotics.

1. At around 00:30 on April 17, 2013, the Defendant purchased KRW 0.15g of philopon from D on the street in front of the Namyang-si Ctel, Nam-si, in the amount of KRW 50,00.

2. Around 04:00 on April 17, 2013, the Defendant administered all of the phiphones purchased, as above, in the G rocketing taxi affiliated with the Defendant’s driving, which was parked in the Guide E-Ba parking lot, with the clock in the clockna taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D;

1. Application of Acts and subordinate statutes to report on investigation (report on the analysis of currency details);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (50,000 won for a purchase price)

1. Crimes No. 1 in the holding [Determination of types], such as the sale, purchase, arrangement, etc. of narcotics, marijuana and perfumes;

Items c) and c.

[Determination of the Recommendation Area] Basic Area (Scope of Recommendation Form] 1 to 2 years

2. Crimes No. 2 in its holding [Determination of types] medication, simple possession, etc. of narcotics;

Items c) and c.

Sub-paragraph (Determination of Recommendation Area) Basic Area [Scope of Recommendation Form] from October to 2 years

3. Results of 1/2 of the upper limit of the basic crime subject to the application standards for handling multiple crimes: One year to three years of imprisonment.

4. Crimes related to narcotics, etc. determined to be sentenced shall be socially accepted due to their toxicity, etc.;

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