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(영문) 수원지방법원 안산지원 2016.12.23 2016고단3303
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Although the Defendant did not possess, possess, receive, use, transport, manage, import, export, prepare, prepare, administer, administer, administer, sell, sell, or arrange the transaction of, a psychotropic drug, which is not a person handling narcotics, as a Chinese person, (hereinafter referred to as “clopon”), the Defendant administered a copon as follows.

On March 2016, the Defendant, in collusion with B, opened approximately 0.5g of the penphonephones purchased by B at the mutual influenite telecom in Ansan-si, A, a member of Ansan-si, a member of Ansan-si, and opened approximately 0.5g of the penphones purchased by B at the gambling site. The Defendant administered the penphones in collusion with B by heating it with B, turning it back with B and inhale it.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Investigation reports (Attachment to States and results of hydro-examination of the accused) and investigation reports (Attachment to States and results of examination of the accused's hair);

1. Application of Acts and subordinate statutes to report the market price related to additional collection charges;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b),

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Basic sphere (10-2 years from October to two years) of the type of recommendation (the scope of recommendation), medication, simple possession, etc.;

2. The age, character and conduct, environment, details of the crime in this case, circumstances after the crime, etc. are committed, as the crime has been committed contrary to the decision of sentence.

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