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(영문) 수원지방법원 2015.11.19 2015고단2034

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 of the final judgment.

Reasons

Punishment of the crime

Although the Defendant, who is not a narcotics handler, was not allowed to receive or administer a psychotropic drug clockopon (the word “coponon,” hereinafter referred to as “copon”), the Defendant received and administered the copon as follows.

1. On January 1, 2015, the Defendant received a philophone from C in a way that he receives a large amount of philophones from C free of charge in a way that he receives from C an elevated vehicle located in the Sinpo-gu Sinpo-si Sinpo-si Sin-si.

2. At around 15:00 on January 2015, the Defendant administered a philophone, in the front of the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-si, a method of inserting a philophone into a capsul, and drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. Camera (C Preparation);

1. The result of the ACC reaction test;

1. Requests for appraisal, reports on narcotics appraisal, and the application of Acts and subordinate statutes;

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 facts constituting an offense, and the selection of a sentence, respectively;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Second-crimes for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won for a one-time medication of a phiphone) (the scope of recommending punishment), types 3 (b) and simple possession, etc.) (10 to 2) of the basic area (10 to 2) [the scope of recommending punishment] [the scope of recommending punishment] of types 2 (8 to 10,000) of the mitigated area (8 to 16 months), such as purchase for medication, simple possession, etc., or the final sentence due to the number of multiple crimes subject to the mitigated area (8 to 16 months) of the mitigated area (8 to 100,000 won for a single-time medication): Imprisonment with prison labor for October to 29 [the decision of sentencing].