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(영문) 광주지방법원 목포지원 2017.02.03 2016고단1705

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall perform an act of administration of a Mebacule (one philophone (one philophone; hereinafter referred to as “philophone”), which is a local mental medicine, and the defendant is not a narcotics handler.

Nevertheless, at around 20:00 on August 23, 2016, the Defendant administered phiphones over three times in total, as shown in the list of crimes in the attached Table, when the Defendant: (a) inserted approximately 0.05g of philophones into the injection machine and dilution them into the Defendant’s arms and administered philophones; and (b) administered phiphones on three occasions from around that time to August 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect with respect to F (1, 2 times);

1. Statement of witness by the police officer to E;

1. Application of the statutes of the response request for appraisal;

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 Fact-finding and the Selection of Punishment (Selection of Imprisonment), respectively;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Crimes No. 1-3 [the scope of a recommended punishment] 3 types of crimes (b) including medication and simple possession, etc. (3). There are no basic areas (10 months to 2 years) (10 months to 3 years).

(b) The scope of final sentence due to the aggravation of multiple offenses: October to March;

2. Determination of sentence: 10 months of imprisonment with prison labor, and 2 years of suspended sentence are crimes related to narcotics, etc., which have a great adverse effect on the society as well as the relevant individuals due to their toxicity, are disadvantageous to the defendant.

However, the defendant recognizes the crime of this case and reflects it, support his spouse and two children in good faith, and does not handle narcotics again.

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