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(영문) 수원지방법원 평택지원 2018.09.20 2018고단824

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor 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.

1. On March 28, 2018, the Defendant: (a) set a DNA car driven by the Defendant on the front road in Pyeongtaek-si B; and (b) accepted one injection machine from E, which is a local mental medicine, 0.1g from E, in the vehicle.

2. On April 2018, the Defendant administered the Mept Meart medication in a way that 0.05 grophones on the beer, at a G music club located in F at the early stage of Jin-si on the beer, by hanging the degree of 0.05 grophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts, and the selection of imprisonment, respectively;

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

1. The scope of a recommended sentence on the grounds of sentencing guidelines in the proviso (0.1g) of Article 67 of the Act on the Control of Narcotics, Etc. is 10 months to 2 years, and the execution thereof shall be suspended in consideration of the fact that the defendant has no record of crimes related to narcotics, but the protection and observation shall be imposed to prevent recidivism.