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(영문) 수원지방법원 2017.05.23 2017고단333

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Mept Metea, which is a local mental medicine, as follows:

On May 14, 2016, at around 22:00, the Defendant 2nd floor “D” of the second floor of the restaurant, restaurant, male toilet, with the second floor located in C, and hallwayed the steam generated by heating the bottom part above the gambling place with the string shape.

Accordingly, the Defendant administered the Mept Ampis.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. A written reply to each request for appraisal;

1. The application of Acts and subordinate statutes to the calculation of additional collection charges;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (or selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended sentence on the sentencing guidelines set by the Sentencing Committee of the Supreme Court Sentencing / [type] / [the scope of the recommended sentence] the basic area [the scope of the recommended sentence] / 10 months - 2 years; and

2. Determination of sentence: (a) considering favorable circumstances that the Defendant recognized all of the instant crimes and reflects the fact that he/she has no record of being punished for the same kind of crime; and (b) comprehensively taking into account the Defendant’s age, sex, environment, family relationship, motive and circumstance after the instant crime, etc., the sentence identical to the disposition shall be imposed within the scope of the recommended sentence, by comprehensively taking into account all the sentencing conditions specified in the instant pleadings,