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(영문) 수원지방법원 2016.04.07 2016고단15

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled the Metropha (one philophone; hereinafter “philophone”) which is a local mental medicine as follows.

1. On August 2015, the Defendant: (a) Happon medication: (b) 22:00 on the lower end of August 2015, 2015, the Defendant injected D’s vehicle in the “C cafeteria” parking lot located in Anyang-si B; (c) in the Scro vehicle operated by D, the Defendant injectedd D’s vehicle with 0.05gopon in a single-use injection instrument; and (d) melted the water into the crop, and injected it.

2. On September 2015, the Defendant: (a) Rophone medication, on September 1, 2015, entered approximately 0.05 grams in the Defendant’s dwelling room located in Ansan-si, Ansan-si, 19:00, in the first half of September 2015; (b) recorded approximately 0.05 grams in a single-use injection machine; and (c) injected in the second part and administered it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the results of legal and chemical appraisal and application of Acts and subordinate statutes (No. 13 of the evidence list);

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. for the Prevention of Criminal Facts and the Selection of Punishment (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 stay of execution (see, e.g., Supreme Court Decisions 201Do1119, Jan. 1, 2011>

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Scope of the recommended sentencing guidelines under the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection;

1. No basic area (from October to two years) of the first crime (the scope of a recommended punishment), including medication, simple possession, etc., of the first crime (the scope of a recommended punishment), shall be in the form of three types (b).

2. A second-class crime (the scope of a recommended punishment) that has no basic area (from October to two years) (the person subject to special sentencing) of the Class 3 (the items (b) and (c)) of the said Class) including medication, simple possession, etc.

3. The scope of final sentence due to the aggravation of multiple offenses: Ten months to three years.