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(영문) 수원지방법원 안산지원 2015.05.21 2015고단846
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2015, the Defendant, even if he is not a narcotics handler, performed medication by inserting the mert camstye (one-time camphone)’s non-fluorial volume on the cambage in the fluorial telephone located in the member-gu, Ansan-si, Ansan-si, the Defendant inhaled the steam of fluoring in the cam of crop to the cam.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of seizure, list of seizure and voluntary submission;

1. Requests for appraisal;

1. Investigation report (for the accused's grounds of appeal and seizure, the country and the result of acceptance of evidence) and response to requests for appraisal; and

1. Records of identification of a documentary examiner;

1. Written consent to collection of urines;

1. Application of Acts and subordinate statutes to the prosecutor’s seal of defense counsel;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Article 62 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment [the scope of recommendation] medication, simple possession, etc. of types 3 (1) [10 to 2 years] and the basic area (10 to 3 (10 months) of the sentence] [the decision of sentence] (the decision of item (b) and (c)] Honphone medication is an offense detrimental to the social and national soundness due to its toxicity, and the necessity of punishment is high, the primary offender is the first offender, the number of administrations of the defendant is only one time, the age of the defendant, the environment of the defendant, and the circumstances after the crime.

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