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(영문) 인천지방법원 2016.04.01 2016고단258
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

Around 22:00 on March 29, 2015, the Defendant deposited KRW 100,000 in a new bank account (E) in the name of D used by C, with a request to request C to request C to seek a part-to-face c, a local mental medicine (one-to-face clopopon; hereinafter referred to as “per-face copon”), and sold it to the Defendant by melting it with a single copon copon (E) around March 30, 2015.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and administered philophones, which are a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the interrogation of suspect with respect to each C;

1. Application of each statute of 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 Fact-finding and the Selection of Punishment, Etc. (the trading of phiphonephones, the fact of medication, and the selection of punishment by 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 (the following grounds for sentencing shall be considered):

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. Scope of punishment: From January to 15 years;

2. Class 3 (Special Sentencing) mitigated element for the first-class crime (the Sentencing) subject to the sentencing guidelines (the point of a scopon medication), medication, simple possession, etc. (the scopon medication), where there are grounds for special consideration in relation to the participation in the crime or motive for the crime (the scope of the recommended territory), the mitigated area, the crime (the point of a scopon trade) committed between June and June 2 (the point of a scopon trade) [the type of decision] types 2 (the scopon, b., c., etc.) (the person subject to special sentencing) mitigated element for the purpose of mere possession, etc. of medication, where there are grounds for special consideration in relation to the participation in the crime or motive for the crime (the scope of recommendations).

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