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(영문) 수원지방법원 2017.05.11 2017고단765
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant purchased and administered the Metropha (one philophone, hereinafter “philophone”) which is a local mental medicine as follows:

1. On July 2016, the Defendant: (a) around the first half of the first half of July 2016, the Defendant: (b) provided KRW 0.4g of the F Driving that was parked on the street around Seo-gu Incheon, Seo-gu, Incheon; and (c) KRW 300,000,000 in cash from F.

2. On February 7, 2017, the Defendant administered 0.1g of philophones in a dives office located near H elementary school located in the Incheon Strengthening-gun G, in a way of burning them to coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the statement made by the prosecution against the F;

1. Investigation report (Analysis and report of monetary details);

1. A report on investigation (report on accompanying telephone details);

1. Report on the calculation of an additional collection charge;

1. Ratifications and notifications of the results of legal and chemical appraisal attached thereto, and the application of Acts and subordinate statutes to each written appraisal;

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

1. Scope of the recommended punishment according to the sentencing criteria: From October to September 2; and

(a) Class 1 crime (the scope of a recommendation), 3 (b) basic areas (not less than October 2) (not less than 10 years to 2) (a) basic areas (not less than 2 years) including the medication, simple possession, etc.

(b) Purchase or acceptance for medication, simple possession, etc. in the mitigated area (from August to January 6) of Class II (the scope of recommendations), including the sale and purchase of phiphones (the scope of punishment) and mediation, etc.

(c) The scope of final sentence due to the aggravation of multiple offenses: From October to September 2.

2. Circumstances disadvantageous to the decision of sentence: the facts that the previous conviction in relation to narcotics is more than five times (four times of the actual sentence).

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