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(영문) 수원지방법원 2016.11.17 2016고단4319
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a person handling narcotics, the Defendant received and administered psychotropic drugs-related Metepopics (one philopon, hereinafter “philopon”), as follows:

1. On November 201, 2014, the Defendant: (a) around the construction site adjacent to the construction site adjacent to the Guyi-si Office Office Officetel around the early night; (b) received 0.1g of philophones contained in D free of charge and received philophones.

2. At around 20:00 on July 18, 2016, the Defendant administered philophones in a way that 0.1g of philophones in the Defendant’s residence located in Dobong-gu Seoul, Dobong-gu and 101, and 0.1g of philophones on the subject.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the prosecutor's statement concerning D;

1. Application of the Acts and subordinate statutes notifying the results of legal evaluation;

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., concerning the relevant criminal facts and the Selection of Punishment;

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection = 200,00 won = The national average price for medication once x the reasons for sentencing twice; and

1. Scope of recommendations according to the sentencing criteria;

(a) The basic area (10 to 2 years) of the first crime (the scope of recommendations), medication, simple possession, etc. (the scope of recommendations), the basic area (10 to 2 years) of the third type;

(b) Giving and receiving for medication, simple possession, etc. of Type II (marijus, natives (b), items (c), etc.) and mitigation area ( August to one year and six months) (special mitigation area), respectively, for the purpose of sale and purchase, good offices, etc.;

(c) The scope of final sentence due to the aggravation of multiple offenses: October to February, 200; and

2. The determination of the sentence of punishment is recognized and reflected, there is a record of criminal punishment once for the same crime, and all of the sentencing conditions shown in the arguments in this case, such as the defendant's age, character and conduct, environment, motive of the crime, and circumstances after the crime.

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