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(영문) 대전지방법원 2016.10.12 2016고단2164

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

Defendant is not a narcotics handler.

1. On March 21, 2016, the Defendant, at the house of Seo-gu Daejeon, Seo-gu, Daejeon District Court Decision 201: (a) Melopon administered a philopon in a crophone, which was psychotropic drugs, after being issued with approximately 0.05g of psychotropic drugs (i.e., one philopon; hereinafter “philopon”).

2. On April 24, 2016, the Defendant administered philophones by receiving from C an philogram 0.06gopon, for which approximately 0.06gopon was dilutiond, from C, around April 24, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police against C;

1. Confirmation of the results of a simplified examination of reagents, and each request for appraisal (Evidence Nos. 10, 11);

1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);

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 facts constituting an offense, and the choice of imprisonment, respectively;

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;

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

1. The scope of recommendation, sentence, and simple possession according to the sentencing guidelines on the grounds of sentencing provided for in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection;

Items c) and c.

(i) refer to the basic area (10 to 2 years) and determine the sentence as ordered in consideration of the following circumstances:

Unfavorable circumstances: The defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc. are considered to have been committed, in light of the fact that a considerable period of time has elapsed from the date of the previous crime, the circumstances of medication, the result of the maternity appraisal (the response only to the recent maternity part), etc.