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(영문) 수원지방법원 2017.02.02 2016고단7070

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

Even if the Defendant is not a narcotics handler, the Defendant handled the Metropha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On June 25, 2016, at around 15:30, the Defendant: (a) stored 0.07 grams in a single-use injection machine at the Defendant’s residence located in Suwon-si Suwon-si C; and (b) administered them by means of dilution with water; and (c) administering them by means of injecting them into the human blood transfusion.

2. On August 16, 2016, the Defendant administered 0.07 grams at the Eelcom located in Suwon-si D in Suwon-si, Suwon-si, in the foregoing manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to replys to written appraisal with the State, and to replys to written appraisal with the State;

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 Prevention of Criminal Facts and the Selection of Punishment (Selection of Imprisonment with prison labor)

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order 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) Class 1 and 2 crimes [the scope of a recommended punishment] . The basic area (10 months to 2 years) (10 months to 3 years) is nonexistent, including medication, simple possession, etc.

(b) The scope of final sentence due to the aggravation of multiple offenses: Ten months to three years; and

2. The determination of the sentence has recognized and reflected his mistake, the fact of simple medication, the fact of being punished once for the same kind of crime, but the result of the defendant's maternity appraisal on the part of the defendant's mother, the fact that the defendant's voice response was confirmed in the case of 3 cm or more in the length of the part of the mother's mother, appears to have been endeavored for a considerable period of time, and is currently actively taking part in treatment for the drug, and the age, sex, environment, and motive for the crime of other defendants;