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(영문) 수원지방법원 평택지원 2018.04.18 2018고단269

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

Defendant is not a narcotics handler.

On February 17, 2018, at the E office located on Pyeongtaek-si D, and the second floor, the Defendant administered one-time medication by inserting approximately 0.05g g (one-person philopon), a local mental medicine, into a injection machine, and dilution with water.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the photograph of seized articles;

1. Adverse reaction test;

1. Application of the Acts and subordinate statutes of a reply to appraisal;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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 recommendations] / [the grounds for sentencing of Article 334(1) of the Criminal Procedure Act / [the scope of recommendations] / there is no basic area (10 months to 10 months to c. (10 months to c.) of the Criminal Procedure Act) including medication, simple possession, etc. / [the decision of sentencing] / Although there was a past record of having been sentenced twice as to the crime of this case / The punishment of this case is not less than that of the crime of this case even though the punishment of this case was committed for the crime of this case was committed for the same kind of crime, it is against the fact that the punishment of this case is recognized, the frequency of medication has no record of being sentenced to criminal punishment for the same crime since 203, it is determined as per the order after comprehensive consideration of the defendant's age, sex, environment, circumstances leading to the crime, circumstances leading