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(영문) 수원지방법원 평택지원 2015.11.19 2015고단1446
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 20, 2015, the Defendant, at the early 20:0 guest room located in Pyeongtaek-si B, had male-friendly job-friendly D put approximately 0.05g of psychotropic drugs in a single-use injection machine for psychotropic drugs, and dives the Defendant’s arms to have the Defendant injection in the Defendant’s arms.

2. On July 18, 2015, around the new wall, the Defendant: (a) had D referred to in paragraph (1) of the said paragraph put about about 0.05g opon into a single-use injection machine; (b) had D injection into the Defendant’s arms and administered oponon.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning suspect examination of D;

1. The application of Acts and subordinate statutes as a result of an Amergic reaction test, a written confirmation of urine testing, and A maternal assessment;

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 choice of imprisonment with prison labor;

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;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Class 1 of the sentencing guidelines applicable to the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: [the scope of recommendations] medication, simple possession, etc., and Category 3 (b), 1, and (c) of the mitigated area (from June to June, 1, 200) [the scope of recommendations] medication, simple possession, etc. [the scope of recommendations] the final sentencing according to the aggravation of multiple crimes in the mitigation area (from June to 16, 200), the mitigation area (from June to June, 16, and self-denunciation), the mitigation area (Article 67 (b), items (c) and (c)]: A normal sentence that is disadvantageous to the sentence for sentencing in June to March: There is no record of crime: A normal sentence that is favorable to the harm and harm of the crime related to narcotics: A person has no record of crime; a person surrenders himself/herself; the defendant's age, character and behavior

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