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(영문) 수원지방법원 평택지원 2016.10.06 2016고단1855

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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 is not a person handling narcotics.

1. On August 30, 2016, at the D hotel 380 room located in Cambodia City, the Defendant: (a) thrown up two strings as soon as possible by sticking two strings; (b) thrown up one water with the rest of the psychotropic drugs using a simplified smoking machine that does not contact the water; (c) smoked and inhales two 0.03 grams of psychotropic drugs, using a simplified smoking machine that does not contact the water, after cutting about 0.03g of psychotropic drugs.

Accordingly, the Defendant conspired with E to administer philophones.

2. On September 8, 2016, the Defendant injected the phiphones by inhaleing the smoke, which 0.03g of phiphones from the Defendant’s home located near Cambodian City F, using a simplified smoking machine such as Paragraph 1, at the Defendant’s home.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the interrogation protocol of prosecution E;

1. Copy of a protocol of police interrogation regarding E;

1. A copy of the police statement concerning G;

1. Application of the Acts and subordinate statutes governing the place of Agylology test;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b),

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 and community service order under Article 62-2 of the Criminal Act;

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

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommendation] medication, simple possession, etc. of types 3 (10 to 2 years) (10 to 3) (10-2) (a special person) of the basic area (10-2) [the decision of sentence] of the Criminal Procedure Act / The necessity for the punishment for narcotics crimes, the necessity for the defendant administering phiphones repeatedly, the defendant administers phiphones and authorized other persons, the defendant has the record of having been sentenced to imprisonment several times by violence, and there is no criminal record of the same kind.