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(영문) 수원지방법원 2016.07.14 2016고단2602
마약류관리에관한법률위반(향정)
Text

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

240,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On June 9, 2011, the Defendant was sentenced to four years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Southern District Court, and on September 2, 2011, the Seoul High Court sentenced the Defendant to six months of imprisonment for fraud, etc. and completed the execution of each of the above punishment on August 25, 2015.

Even if the Defendant is not a narcotics handler, the Defendant received the Metropoper (one philophone, hereinafter “philophone”) which is a local mental medicine as follows:

1. On September 7, 2015, the Defendant received and accepted approximately 0.12 gramphones from E, which became aware of in advance of the D Station located in Daegu Dong-gu, Daegu-gu, and from E, which became aware of in advance of the D Station.

2. On September 7, 2015, the Defendant received approximately 0.06gg of the philophonephones received from the above E, free of charge, from H, within 301 G Inn, Nam-gu, Incheon, Nam-gu, Incheon, and received approximately 0.06g of the philophones received from the above E.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect of H with respect to the police;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes of investigation reports (the date of release and confirmation of the date of release and attachment of judgment);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. 240,00 won = 200,000 won for cancer transaction price of 0.1g x 1.2 Sentencing received from the proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection: Reasons for sentencing;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Class 1 crime (the scope of a recommended punishment). The basic area (one year to two years) of Category 2, including the trading, good offices, etc.

(b) Two types of crimes (referring to the scope of recommended punishment), including sale and purchase, good offices, etc. (referring to marijuana, frighting (b) and (c) and other items (1 to 2 years).

(c) The scope of final sentence due to the aggravation of multiple offenses: one year to three years.

2. Determination of sentence;

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