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(영문) 의정부지방법원 2018.06.28 2018고단1867
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, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clocks (one philopopon; hereinafter referred to as “philopon”).

1. From September 19, 2017 to around the 20th day of the same month, the Defendant received a one-time injection device containing philopon in front of the Mouron in the vicinity of Jongno-gu Seoul Metropolitan Government (Seoul) from D and received a philopon.

2. The Defendant administered philophones once by inserting approximately 0.03g of philophones into a single-use injection room at any guest room of the above Ccom, and dilution them with water and injecting them into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to the prosecution with regard to D;

1. Application of Acts and subordinate statutes to written appraisal;

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Article 62-2 of the Criminal Act on the observation of protection;

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

1. One month to fifteen years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes in violation of the Act on the Control of Narcotics, Etc. due to medication [the determination of types] 3 types (the determination of the sphere of recommendation ] / [the scope of punishment ] 10 months - 2 years / 10 years / 10 months / 10 years / 2 years ;

(b) Crimes of violation of the Act on the Control of Narcotics, Etc. [Determination of Type] Trade, Mediation, etc. for Sale and purchase of narcotics [2 types (mariju, math (b), c., etc.) / Special sentencing factors] mitigation factors: Purchase or receipt for medication, simple possession, etc. [the scope of recommended punishment] mitigation area (the scope of recommended punishment] mitigation area / 8 months to 1 year and 6 months;

(c) Scope of recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of ten months to two years.

3. Sentence;

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