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(영문) 수원지방법원 2016.03.11 2015고단6068
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is not a person dealing with narcotics, but is not a person dealing with narcotics, and is not in possession or trade of a crophographer (the cropopopon; hereinafter referred to as “cropopon”).

1. On August 5, 2015, the Defendant purchased KRW 0.02g price of opon, which is contained in vinyl paper through Kwikset service from sales to 17:00,000, from Suwon-si apartment in the vicinity of Suwon-si C apartment.

2. The Defendant: (a) from August 5, 2015 to August 27, 2015, entered the Defendant’s shouldered 0.02g price with a white paper with a white paper, and went on the Defendant’s shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry into a protocol of seizure and a list of seizure (41,42 pages of investigation records);

1. Application of Acts and subordinate statutes stating the result of appraisal by the State;

1. Relevant Article of the Act on the Management of Narcotics, etc., for the Fact-finding, and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc., for the Selection of Punishment, etc., and Selection of 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 stay of execution (see, e.g., favorable circumstances deemed as the following grounds for sentencing):

1. Reasons for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act on the observation and attendance order;

1. Scope of the recommended sentencing guidelines;

(a) The point of purchasing writing / [type] drug crimes, trade, mediation, etc., and the area mitigated from Type 2 (b) and (c) (self-denunciation, etc.) [the scope of sentence of recommendation] [the scope of sentence of recommendation] - 8 months and 1 year and 6 months;

(b) the possession of philophones / [types] narcotics crimes, medication, simple possession, etc., Type 3 (b) and the mitigated area (self-denunciation), six months and six months, and one year and six months;

(c) Aggravation by standards for handling multiple crimes: Imprisonment for 8 months - February; and

2. A severe physical or mental disability when the defendant is misused or abused;

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