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(영문) 수원지방법원 2017.10.19 2017고단5070
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

600,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant was aware of the trade name in and around April 17, 2010 in and near E located in Gwanak-gu in Seoul Special Metropolitan City, Gwanak-gu.

F It provided F with approximately 0.6g of Memphographs (one philopon (one philopon), which is a local mental medicine, enclosed by paper and vinyl, and received them without compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. Currency details;

1. Report of investigation (specific suspect);

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

1. In a case where the facts constituting an offense are identical to those of the facts charged by the court under Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc. for which a prosecutor has selected a punishment (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply), even if the prosecutor sought the application of the new Act after the revision of a corporation, the former Act, which is the time of action, may be applied fairly without undergoing the amendment of the indictment, because there is no concern that there would be substantial disadvantages to the defendant’s exercise of his/her right to defense unless there is a difference in the gravity of punishment as to the crime, even if the prosecutor sought the application of the new Act after the amendment of the corporation, (see, e.g., Supreme Court Decision 200Do3350, Apr. 12, 200).

Imprisonment with prison labor;

1. The proviso to Article 67 of the former Act on the Control of Narcotics, Etc.;

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendations] / Trade, good offices, etc. / There is no basic area (one year to two years) (one year to two years) (a person with special sentencing) / [a person with special sentencing] / The fact that the defendant recognized his/her mistake and reflects his/her wrong is favorable to the defendant, or that the defendant is identical to nine times.

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