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(영문) 수원지방법원 안양지원 2016.08.12 2015고단1906
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant is not a narcotics handler.

On November 30, 2014, the Defendant administered 0.1g of Matel 605, which is the residence of D, located in Seo-gu Incheon, Seo-gu, Incheon, for a total of eight occasions as shown in the attached Table of crimes, such as inserting approximately 0.1g of mephones (one gramphone, hereinafter “prophones”) for a single-use injection machine, dilution with raw water, and medication for arms.

2. The Defendant is not a handler of narcotics, in violation of the Narcotics Control Act.

On November 30, 2014, the Defendant smoked marijuana over nine occasions in total, as shown in the attached Table (2) of the daily list of crimes committed by the Defendant, in a tobacco form, after wrapping the marijuana for one-time medication at a gambling place. In addition, on November 30, 2014, the Defendant smoked marijuana for a total of nine occasions, i.e., a tobacco pattern (2).

Summary of Evidence

1. The defendant's legal statement (the fourth public trial date);

1. Legal statement of witness F;

1. Statement made by the police against D;

1. Direction-setting to confirm whether a case related to the DNA conformity is dealt with, and direction-setting to investigate a case;

1. Application of Acts and subordinate statutes to a criminal report;

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, 2 (2) 3 (b) (the points of philophone medication) of the Act on the Management of Narcotics, etc., and Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the points of malophone medication) of the Act on the Management of Narcotics, etc., and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Reasons for sentencing under Article 186(1) of the Criminal Procedure Act (the scope of the punishment recommended in the sentencing guidelines) of the Act on the Control of Narcotics, Etc. - The crimes of violation of the Act on the Control of Narcotics, etc. - the medication and simple possession, etc. (b) and (c) of the said Act) shall be as follows:

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