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(영문) 의정부지방법원 고양지원 2018.02.02 2017고단3473
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the above sentence shall be executed against the defendant for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person, other than narcotics handler, shall sell or administer cryp cryp cryp cryp (hereinafter referred to as "cryp cryp cryp cryp cryp cryp cryp"), and the Defendants are not narcotics handlers.

1. He purchased B and the Defendant, with the mind that they will purchase 60,000 won each of them together, and on June 3, 2017, at around 16:00, the Defendant and B conspired with each of them by giving KRW 1.20,00 in cash to D (one title E) on the front of an exclusive restaurant located in the dedicated city in Pakistan-si, Pakistan-si and giving KRW 16:0,00 in cash to D (one title E) and by receiving 2 (2).

2. He administered medication B and the Defendant, on June 3, 2017, in the dormitory room of Defendant B located in F at Pariju on June 3, 2017, in a manner of inhaleing smokes generated by heating the bottom thereof on the day of gambling.

Summary of Evidence

1. The respective legal statements of the defendant and B;

1. A copy of the investigation into the suspect of the police regarding D (including photographs attached thereto);

1. Application of Acts and subordinate statutes to a report on investigation (the calculation of an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc. concerning the facts constituting an offense; Article 30 of the Criminal Act (the purchase of goods at night, the selection of imprisonment), Article 60 (1) 2, and Article 4 (1) 1 and subparagraph 3 (b) of Article 2 of the Narcotics Control Act (the occupancy of drugs at night, 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 suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes of Class 1 [the scope of the recommended punishment] 3 (the scope of the recommended punishment) 2 (the scope of the punishment from October to 2) in the basic area (the scope of the recommended punishment) including the sale and purchase of types 2 (the mariju, the b. c. and the c. the c. the d. the d. the d. the d. the d. the d. the d. the d. the d. the d. the d. the d. the d. the d. the d. the d. the d. d. the d. the d. the d.

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