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(영문) 서울중앙지방법원 2016.09.28 2016고단5085
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

The defendant is not a person who handles narcotics as a Thailand.

On July 11, 2016, the Defendant administered the steam in a way that meconthic cirropic cathophones (cophophonephones), a local mental medicine, by inserting the steam into the liquid inserting box of the electronic tobacco, at an influent place of not more than Gwangju-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the details of seizure of articles owned by the suspect);

1. The application of Acts and subordinate statutes, such as a response to a request for appraisal and a statement of narcotics appraisal (No. 21);

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 (the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (calculated basis: Reporting on an investigation (calculated additional collection charges);

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

1. The basic area (from October to two years) of the sentencing criteria (the scope of the recommended punishment) (the scope of the recommended punishment) and the basic area (the items (b) and (c) of the said items) of the three types, including medication and simple possession, etc.;

2. According to the sentence decisions, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, environment, motive and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the

Unfavorable circumstances: Narcotics crimes cause the degradation of individuals, families, society, and human beings as a whole, and need to be punished in light of the fact that they are social pathology beyond individual criminal acts.

In the defendant's hair, the reaction has been made to train philophones.

The favorable circumstances: the defendant does not have any domestic criminal records.

The crime of this case is limited to a single simple medication. The defendant recognizes and reflects the crime.

There is a family member to support the defendant.

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