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(영문) 의정부지방법원 2018.05.10 2018고단1176
마약류관리에관한법률위반(향정)
Text

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

180,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clocks (one philopopon; hereinafter referred to as “philopon”).

1. On April 2017, the Defendant received philophones from AA on April 2017 and received approximately 0.3 g of philophones from AA in front of the Seoul Gwangjin-gu, Seoul.

2. On May 2017, the Defendant received and delivered philophones from AA to receive approximately 0.3g of philophones at the places described in paragraph (1) on May 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to A;

1. A report on investigation (temporary setting of crimes);

1. Investigative report (Analysis of monetary details), analysis of monetary records (A transmission);

1. Investigation report (Attachment of suspect A letter), and letter;

1. A report on investigation (calculated additionally charge), and the application of Acts and subordinate statutes governing monthly trends of narcotics;

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 sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. [180,000 won = 300,000 won (per retail price per 1g) ¡¿ 0.3g (Receiving and receiving 300,000 won on April 2017) ¡¿ (1g retail price per 1g) x 0.3g (Receiving and receiving on May 2017)];

1. One month to fifteen years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

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

(a) Crimes in violation of the Act on the Control of Narcotics, Etc. [The types of decisions on types] 2 types (marijuries, math (b), c., etc.) / mitigated elements: Purchase or receipt for medication, simple possession, etc. (the scope of recommended sentences) mitigated areas (the scope of recommended sentences) / Imprisonment with prison labor for 8 months from 1 year and 6 months to 3 months;

(b) Scope of recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of eight months to two years;

3. The defendant, on behalf of the defendant, appears to have a position to recognize and reflect his/her mistake.

However, the defendant is identical.

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