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(영문) 수원지방법원 2016.12.08 2016고단6397
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for up to eight months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

Despite the fact that the Defendants were not authorized to handle narcotics, the Defendants administered “Yab” containing psychotropic drugs as follows:

1. At around July 21, 2016, the Defendants’ joint medication: (a) around July 21, 2016, the joint medication of the Defendants: (b) was administered once in a way that the steam generated by heating the bottom part of the Defendant B in the room of Defendant B, located in the E plant dormitory, was inhaled once as soon as the paper made.

2. Defendant B’s single medication around September 22, 2016: (a) around September 6, 2016, the Defendant purchased from F at his own room located in the E plant dormitory, and was administered in the same manner as the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Defendants: Imprisonment with prison labor for each of Articles 60(1)2, 4(1)1, and 2 subparag. 3(b), and Article 30 (1)2 and Article 4(1)1 of the Narcotics Control Act and Article 2 subparag. 3(b) of the Criminal Act (the points of joint night administration): Defendant B of the same Act

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant B);

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following favorable circumstances):

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. have been administered, which contain psychotropic drugs to be strictly controlled by the Defendants.

Considering the seriousness of the social harm caused by the same sex of narcotics, it is not severe punishment.

On the other hand, the fact of crime is recognized and wrong.

In addition, it is also recognized that the history of criminal punishment is not confirmed.

The above circumstances and the defendants' age, character, character, environment, family relationship, etc.

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