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(영문) 수원지방법원 평택지원 2016.10.06 2016고단1802
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On April 24, 2015, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Suwon District Court Eunpyeong Housing Site Board, and the judgment became final and conclusive on August 20, 2015.

【Criminal Facts】

The defendant is not a person handling narcotics.

On January 1, 2015, at around 01:00, the Defendant purchased 1,00,000 won a cambrate, which contains psychotropic drugs, from D, in bus stops near Pyeongtaek-si in Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of a protocol of interrogation of police officers regarding D or E;

1. Previous convictions: Criminal records, investigation reports (verification of latter concurrent crimes), and application of statutes governing judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. Judgment on the application of sentencing guidelines for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc.: It shall be taken into account all the circumstances, such as equity with the case where the judgment has been judged simultaneously with the case where the judgment has become final and conclusive; and

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