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(영문) 수원지방법원 안산지원 2016.10.20 2016고단2270
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

The Defendant, who is not a person handling narcotics, did not possess, possess, receive, use, transport, control, import, export, prepare, prepare, administer, administer, administer, sell, trade, or arrange the trade of, or provide, a psychotropic drug, a psychotropic drug, (hereinafter referred to as “clopon”), but sold and administered copon as follows.

On October 2015, the Defendant purchased and administered philophones on eight occasions from the time until February 15, 2016, by inserting KRW 150,00 to the person who has no name, and 150,000 to the person who has purchased philophones, inserting the volume of the philophones in a single-use injection instrument, dilution it into the Defendant’s crophones, and dilution it into the Defendant’s crophones.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Written request for appraisal, reply to narcotics appraisal;

1. Application of Acts and subordinate statutes to calculate additional collection charges;

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, community service and order to attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Second crimes for which the sentencing of Article 334(1) of the Criminal Procedure Act for the reason of sentencing is based on Article 334(1) of the provisional payment order (the scope of recommendation), medication, simple possession, etc. (the scope of recommendation), the basic area (10-2 years from 10 months to 2 years) [the scope of recommendation] of types 2 (the scope of recommendation), such as sale and purchase, good offices, etc. (8-1 year and 6 months from 8-1 year and 6 months) of mitigation area (the special mitigation), and purchase or acceptance for medication, simple possession, etc.

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