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(영문) 창원지방법원 2017.10.17 2017고단2895
마약류관리에관한법률위반(향정)
Text

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

Defendant is not a narcotics handler.

On February 13, 2017, the Defendant sought approximately 0.06 g of philopon from a deceased (one name F) in return for the Defendant’s request from D Hospital located in Busan Northern-gu, Busan, and then arranged to sell and purchase philopon between E and the deceased in a way that enables E to purchase philopon by using 100,000 won of philopon purchase from a deceased (one name F).

Summary of Evidence

Application of Acts and subordinate statutes to a report of investigation into a suspect interrogation protocol (calculated additionally) to the defendant's statement E in the court;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (or Selection of Imprisonment with prison labor);

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

3. Protective observation and community service order under Article 62-2 of the Criminal Act;

4. Grounds for sentencing under the proviso to Article 67 of the Narcotics Control Act.

1. Simple medication, possession, etc. of the scope of punishment recommended on the sentencing criteria / Basic area (no elements of special aggravated or mitigated punishment shall be included): Ten months to two years;

2. Ten months of imprisonment with prison labor, two years of suspended sentence, protection observation, and community service order (one-time mediation and this seems to have no benefit for the defendant.

Before and after the commission of the instant crime, the Defendant did not administer philophones.

Since 2002, there is no record of punishment for narcotics crimes, confession, and repent.

A suspended sentence shall be pronounced in consideration of these circumstances.

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