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(영문) 수원지방법원 2021.02.09 2020고단8386
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meteptop clopty (one philopon; hereinafter “philopon”), which is a local mental medicine, as follows:

1. On April 16, 2019, the Defendant transferred KRW 500,000 to the Agricultural Cooperative Account (C) using a book for the sale of phiphones, and received approximately KRW 1g of phiphones from the Defendant’s house located in the Da apartment E of Ansan-gu, Ansan-si, Ansan-si, the same day.

As a result, the Defendant traded philophones.

2. On April 2019, the Defendant, at the home of the Defendant as stated in paragraph 1, laid down a philophone in the Defendant’s book, laid down a philophone in the apparatus to administer philophones, and inhales the philophones as soon as possible following the heating of the philophones.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to the investigation report (calculated as a surcharge) on the copy of the police statement in relation to B and the copy of the transaction statement in the name of No. F in the list of seizure and seizure;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes 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 for Punishment;

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. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

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

(a) Class 1 crime [Determination of Violation of the Act on the Control of Narcotics, Etc.] / [Determination of Type] / 01. Medication, simple possession, etc. [Type 3] b. and Item c. [No person subject to special sentencing] / [the territory of recommendation and the scope of recommended punishment] basic area, 10 months to 2 years;

B. 2 Crimes [Determinations of Violation of the Narcotics Control Act (compact)] / [Determinations of Type] 02. Trading, arranging, etc. [Type 2].

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