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(영문) 의정부지방법원 2014.01.23 2013고단4323
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2013, the Defendant was sentenced to a suspended sentence of two years on August 29, 2013, for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Chuncheon District Court’s territorial branch, and the said judgment was finalized on August 29, 2013.

Even if the Defendant is not a person handling narcotics, the Defendant administered philophones by means of drinking the volume of philophones in possession of philophones in the Defendant’s residence located in Yangju-si B without compensation from C, at the Defendant’s residence in Yangju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A narcotics appraisal statement (No. 6 No. 6 of the evidence list);

1. An investigation report (report on the price of cancer transactions);

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of attached judgments);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Regulation of Relevant Acts and the Management of Narcotics, Etc. concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances required under the following);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (one-time medication 100,000 won) is against the defendant, and the first head judgment of the judgment of the first head of the judgment of the judgment of the court below is in a relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, and the defendant's age, environment, background, circumstances after the crime, etc., including equity with the case to be judged

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