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(영문) 수원지방법원 평택지원 2017.03.09 2017고단168

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

1. On August 2015, the Defendant administered a philopon in collusion with D and E by placing approximately 0.2g of the Meloptopule (one philopopon; hereinafter “philopon”) which is a local mental medicine medicine, on a gambling place, and ruptures and inhales the smoke emitted from the area, by heating the Rabro, thereby spreading and inhaleing the smoke emitted from the area.

2. On November 1, 2016, the Defendant, in collusion with D, administered phiphonephones in collusion with D by inhaleing approximately oneg of 1g of philophones at the mutual influorial telephones located in the three-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. Copy of the police statement made to D;

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, Article 30 of the Act on the Selection and Management of Narcotics, etc. for Criminal Facts, and 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 suspended execution;

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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

1. In full view of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the necessity for preventing recidivism, the importance of the crime committed by forcephones, the necessity for preventing recidivism, the fact that the criminal investigation agency attempted to avoid the crime in an incomplete manner, the fact that the person does not have a criminal record in Korea while residing in Korea since 2010, the fact that the person committed the crime is divided, the defendant's occupation, age, family relationship, etc., the sentence shall be determined as per Disposition.