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(영문) 대전지방법원 2016.10.21 2016고단2618
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

Defendant is not a narcotics handler.

1. On December 2015, the Defendant received Handphones from C and received approximately 0.1g of psychotropic drugs from C in the vehicle operated by the Defendant, parked on the front of the house of Seongbuk-gu Seoul Metropolitan Government, on the front of the Defendant’s vehicle located in Seongbuk-gu Seoul.

2. Medication of phiphones.

A. On December 31, 2015, the Defendant, at the home of the Defendant Nos. 4, 906 Dong 103, 103, 0.03 gramphones were injected by means of dilution into a single-use injection machine and drophonesing 0.03 gramphones into a single-use injection machine, and administered rophones by means of injection into a beer.

B. Around February 3, 2016, the Defendant administered 0.03 gramphonephones at the same place as above in a coffee by advertising them on a coffee.

C. Around February 6, 2016, the Defendant administered 0.03 gramphonephones at the same place as above, in a way that wrophones are sent to coffee. D.

On April 26, 2016, the Defendant administered 0.03 gramphonephones in a vehicle parked in a conspicuous area of Seongbuk-gu Seoul Seomundong, Seongbuk-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Entry into the protocol of seizure;

1. Statement of a response to the request for appraisal;

1. Application of each of the Acts and subordinate statutes stated in each investigation report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (the point of delivery and receipt, and the point of administration) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

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. Article 62-2 of the Criminal Act, Article 32 (3) of the Act on Probation, etc.;

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

1. The reason reflects the sentencing of Article 334(1) of the Criminal Procedure Act, the possibility of recidivism is high due to the characteristics of the crime, and there is no same criminal record.

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