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(영문) 의정부지방법원 2016.08.12 2016고단2233
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

Defendant is not a narcotics handler.

1. Around March 1, 2016, the Defendant purchased 600,000 won for each of the camblops (hereinafter “coploplon”), a local mental medicine, in the establishment of “E” operated by D with the third floor of broad-si Seoul Special Metropolitan City, Gyeonggi-do (hereinafter “E”), and purchased coploplon (hereinafter “coploplon”) from D by using approximately one goploplon from D.

2. Around March 15, 2016, the Defendant purchased a local mental medicine by taking approximately KRW 600,000,000 from D’s phiphone purchase price from D, and by taking approximately 1g phiphones from D.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of a copy of the second examination protocol of suspect with regard to D in the police;

1. Application of the Acts and subordinate statutes in which a copy of the second statement made to F is recorded by the police;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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 (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of applicable sentences under the law] 15 years or less [decision of type] Of each group of narcotics crimes, the purchase for medication, simple possession, etc. (the scope of recommended punishment] : From August to September 6 [Application of Multiple Crimes], from August 8 to September 3 ( from August 6 x September x September x 1 year x 6 x 1/2)] / [decision of sentence] 8 months under the suspension of execution / 2 years after the confession of all of the crimes of this case, the defendant was against the confession of all of the crimes of this case, without any previous conviction or sentence of suspension of execution, and other various circumstances that form the conditions for sentencing as shown in the records and arguments.

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