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(영문) 수원지방법원 안산지원 2016.12.21 2016고단4260

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

Although the Defendant is not a person who handles narcotics as a foreigner of the nationality of Thailand, but is not a person who handles narcotics, the Defendant dealt with the following matters, despite the fact that the Defendant did not deal with a psychotropic drug containing the psychotropic drug ingredients (i.e., a Meba; hereinafter referred to as “alba”).

1. At around 23:00 on June 5, 2016, the Defendant administered “C” container 2nd floor of the “C” container located in Ansan-si Group B, Ansan-si, and opened the 1st century above the string, and heated the string as soon as it was made by the string.

2. At around 19:00 on August 14, 2016, the Defendant administered a bago in the E-factory dormitory located in Ansan-si, a member-gu, Ansan-si, in a manner as soon as possible as the postponement was made by heating the 1st day above the gambling place and heating the bagogs.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol against F and G;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (report on market price related to additional collection charges);

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 the relevant criminal facts and the Selection of Punishment;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The basic field (10 to 2 years) of Type 3, such as the scope, medication, simple possession, etc. of the recommended sentence;

2. The defendant's age, character and conduct, environment, details of the crime in this case, circumstances after the crime, etc. is committed, since the decision of sentence is contrary to that of the sentence, and the first offense is bad.