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(영문) 수원지방법원 안양지원 2016.07.01 2016고단620

마약류관리에관한법률위반(향정)등

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

1. Violation of the Narcotics Control Act;

A. On November 2015, the Defendant purchased approximately KRW 0.4g of 0.4g of Mestopians, which are contained in the disposable injection machine, from “Csing practice place” operated by the Defendant of the 1st underground floor B, and from “Csing practice place” operated by the Defendant, the Defendant purchased approximately KRW 200,000,000 to the branch.

B. The Defendant administered 0.4g of the Meart amba 0.4g purchased as above at the same place on the same day by hanging beer in beer.

2. On November 2015, the Defendant, in violation of the Narcotics Control Act (marijuana), committed a smoking by inserting and inserting the marith of marijuana, possessed by the Defendant at the instant singing practice place, with the rash attached thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Additional responses to requests for appraisal and narcotics appraisal reports;

1. Application of Acts and subordinate statutes to investigation reports (report on the market price of marijuana and report on the calculation of additional collection charges);

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, 2 subparagraph 3 (b) (the point of transaction of philophonephones) of the Act on the Management of Narcotics, etc., Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (the point of transaction of malophones) of the Act on the Control of Narcotics, etc., and the choice of imprisonment for each sentence;

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. Protective observation 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 [the scope of the punishment on the sentencing guidelines] - The crime of violation of the Act on the Control of Narcotics, Etc. by Handphones trading / The area of mitigation ( August 1 to June 1) (the area of mitigation) - the area of mitigation (the area of hemp, the area of fright, the area of fright, the area of fright, and the area of items (b) and (c) / the special mitigated person: the crime of violation of the Act on the Control of Narcotics, etc. by Medicationing, receiving, or carrying, c) - the case of violation of the Act on the Management of Narcotics, etc. by dactoning, receiving, or carrying, c).