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(영문) 창원지방법원 2016.07.01 2016고단1375
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No one, other than persons handling narcotics, etc. in violation of Acts on the Control of Narcotics, etc., shall administer any psychotropic drugs;

Despite the fact that the Defendant is not a narcotics handler, around April 28, 2016, the Defendant administered a megap clopic clopic clopic clopic flopic flopic flopic flopic flopic flopic flopic flopic flopic flopics of the Defendant’s driving, which was parked near D located in Changwon-si, Changwon-si,

2. A person in violation of the Narcotics Control Act (marijuana) is prohibited from smoking marijuana. However, the Defendant, around April 30, 2016, smoked with approximately 0.1g of hemp, after her haird with the first tobacco at “G” heading rooms located in F in the window of Changwon-si, Changwon-si on April 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. A statement on narcotics appraisal;

1. Application of the photographic Acts and subordinate statutes;

1. The point of smoking marijuana in the relevant law on the crime: The point of smoking in the relevant law on the substance of crime: Articles 61 (1) 4 (a) and 3 subparagraph 10 (b) of the Narcotics Control Act, Article 60 (1) 2 and Article 4 (1) 1 and subparagraph 3 (b) of Article 2 of the Narcotics Control Act;

1. Selection of each sentence of imprisonment;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) A crime of Class 1: The basic area (from October to two years) of the administration of phiphones (the scope of the recommended punishment), the administration of which, and the simple possession, etc.;

(b) Second offense: The basic area (from August to June, 199) of the second category (the scope of punishment recommended), including the point of smoking marijuana (the scope of punishment recommended), medication, simple possession, etc. of marijuana;

C. The scope of final sentence due to the aggravation of multiple offenses: 10 months to 10 months.

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