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(영문) 의정부지방법원 2017.05.19 2017고단204

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is not a handler of narcotics, in violation of the Narcotics Control Act and the Act on the Control of Narcotics, Etc.;

On June 24, 2016, at around 00:00 to 02:00, the Defendant shampers and shampers, which contain shampers of MDMA (one name “Epers”), which is a native mental medicine, in Gangnam-gu Seoul, with a shamper and shamper, containing non-fluorine quantity, and shampers and shampers, which are the local mental medicine, (one name “Mopon”), and shampers and shampers, containing non-fluorine amount, and smoked by attaching a smoke to marijuana tobacco containing the fluoric quantity.

2. On June 24, 2016, around 12:35, the Defendant: (a) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc.) and the damage to property on the front side of the “E gas station” located in Seocho-gu Seoul Metropolitan Government, the Defendant: (b) obstructed the driver of a motor vehicle and damaged the victim’s property in order to take advantage of the victim’s face in the way of “E gas station” in Seocho-gu, Seoul; (c) did not properly express his/her destination; (d) did not hear the victim’s identity; (e) took the victim’s face with shopping bags; (e) cut off the taxi meter by drinking; and (e) took the victim’s hand away from the victim’s hand; and (e) damaged the victim’s property by assaulting the driver of a motor vehicle

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Police seizure records;

1. Confirmation of the reaction test by a private person with a therapy;

1. A written appraisal of each drug;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 60 (1) 2, Article 4 (1) 1 (the points of philophones and X-gu medication), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (the point of smoking marijuana), Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act, and Article 61 (1) 4 (a) and Article 61 (1) 4 (a) (the point of smoking marijuana), Article 61-10 (1) of the same Act, the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.