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(영문) 청주지방법원 2015.09.17 2015고단979
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 23, 2014, the Defendant: (a) inserted approximately 0.03g of psychotropic drugs in a single-use injection machine; and (b) injected them into one’s arms at the guest room in Seosan-si, Seosan-si; and (c) injected them into one’s arms.

2. The Defendant received approximately 0.1g of philophonephones from E at the time, at the same time, at a place like the foregoing paragraph 1.

3. On September 29, 2014, the Defendant received approximately 0.3 g of the Seosan bus terminal located in Seosan-dong, Seosan-si, and of the penphone, sent by E as bus freight.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E;

1. Application of Acts and subordinate statutes of investigative reports (Attachment of photographs - handbry photographs);

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., concerning the relevant criminal facts and the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the sum of the amounts of 810,000 won (the average retail price per 1g of penphones at the time of committing the crime) x 0.43g (the sum of the amounts of penphones administered and received by the defendant)] - the scope of the recommended sentence according to the sentencing guidelines for the crime of violation of the Act on the Control of Narcotics, etc. due to the administration of penphones: From 10 to 2 years [the scope of the recommended sentence pursuant to the sentencing guidelines for the

Items c) and c.

(i) IN GENERAL. - The scope of the recommended sentence according to the sentencing guidelines for each crime of violation of the Act on the Control of Narcotics, Etc. (fence): 8 months to 1 year and 6 months, respectively.

Items c) and c.

The scope of the final recommended sentence according to the application of the method of aggravated multiple crimes, etc. is 10 months to 3 years.

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