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(영문) 의정부지방법원 고양지원 2018.10.19 2017고단3473 (1)
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

No person, other than a narcotics handler, shall sell or administer mebs containing mecamina (hereinafter referred to as "webs") which are a local mental medicine, and the Defendant is not a narcotics handler.

1. On June 3, 2017, at around 16:00 on June 3, 2017, the purchasing Defendant and B conspired to purchase 60,000 won for each of the 60,000 won and purchased D (one e) in cash at the front of the exclusive restaurant located in C, the Thailand located in C, and at the same time, the Defendants conspired to purchase 20,000 won.

2. The Defendant and B administered, on June 3, 2017, in such a manner that each of them ought to be drawn up on the day of gambling at the dormitory room of the Defendant located in F at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P, and in a manner that inhales smokes generated by heating the bottom thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. A copy of the investigation into the suspect of the police regarding D (including photographs attached thereto);

1. Application of Acts and subordinate statutes to a report on investigation (the calculation of an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc. concerning the facts constituting an offense; Article 30 of the Criminal Act (the purchase of goods at night, the selection of imprisonment), Article 60 (1) 2, and Article 4 (1) 1 and subparagraph 3 (b) of Article 2 of the Narcotics Control Act (the occupancy of drugs at night, the selection of punishment by imprisonment);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes of Class 1 [the scope of the recommended punishment] and the scope of the mitigated punishment [the scope of the recommended punishment] of Class 2 (the scope of the punishment from October to 2] of the basic area (the scope of the recommended punishment] of Class 3 (the scope of items (b), (c) and (c)) including medication, simple possession, etc.

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