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(영문) 의정부지방법원 고양지원 2015.12.11 2015고단2617
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

Defendant is not a narcotics handler.

1. At around 11:00 on September 20, 2015, the Defendant received approximately 0.04 g of the 40th male, namely, “F”, from the 5th non-permanent stairs of the E-five-story Emergency Gu, Goyang-si, Goyang-si, Goyang-si, the Defendant received approximately 0.04 g of the psychotropic drugs (one penphone; hereinafter “philopon”).

2. On September 20, 2015, the Defendant, around 20:0, administered 0.04 grophonephonephones received from Goyang-gu G in Goyang-gu, Goyang-gu, Goyang-gu, by dilution them into cans and drinking together with I.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of a suspect prepared by the public prosecutor;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, etc., concerning the facts constituting an offense (the receipt of each penphone, the point of administration, and the choice of each imprisonment 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, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;

1. Sentencing guidelines for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won for cancer trading on the first medication of Gyeonggi-do on July 2015): The crimes of violation of the Act on the Control of Narcotics, Etc. (fence) due to waterway are not easy in light of the following: the crimes of narcotics, the crimes of violation of the category 2 (b), the basic field of narcotics, the imprisonment of one year or two years, and the crimes of violation of the Act on the Control of Narcotics, etc. due to medication, the crimes of narcotics, the types 3 (fence, items (b), (c) and (c)), the basic area of medication, the imprisonment of 10-2, the criminal defendant subject to the application of the standards for the handling of multiple crimes, and the criminal defendant received and administered a phiphonephone to any person who may know the circumstances in the process, and the criminal defendant was punished three times by imprisonment with prison labor for the same kind of crime.

On the other hand.

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