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(영문) 서울남부지방법원 2018.11.14 2018고단4535
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Defendant is not a narcotics handler.

1. The Defendant, around the night of January 2018, 2018, administered the crypopic dose of the cryptopy, which is a local mental medicine medicine, with C, in a manner that the crypopic crypopic crypopic crypopic crypopic crypopic crypopic crypopic crypopic crypopic crypopic crypopic crypopic crypopic crypopic cryphopic c

2. On January 2018, at night around the end of the night, the Defendant administered the scopon’s scopon in the same place as described in paragraph 1, and in the same manner as described in paragraph 1, together with the above C.

Accordingly, the Defendant conspiredd with C to administer phiphones more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Filing of internal investigation reports (in response to a reply to the results of the assessment of hair - response to the training of phiphonephones), application of Acts and subordinate statutes to investigation reports (calculated additionally);

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding, Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, etc., Article 30 of the Criminal Act, and the Selection of Imprisonment with prison labor for each of the following categories:

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. Article 62-2 (1) of the Criminal Act, the main sentence of Article 62-2 (2), and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Courses;

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

1. The final sentencing range of Article 334(1) of the Criminal Procedure Act for the reasons for sentencing of the first offense [the scope of punishment] for the first offense without the following three types (10 months to 2 years) in the basic field (10 months to 3 years) (10 months to 2 years) of the Criminal Procedure Act (the scope of recommended punishment] for medication and simple possession (10 months to 2 years), the basic area (10 months to 3 (2 years) of the recommended punishment) (10 months to 2 years) of the basic area (10 months to 3 (the special sentencing person)) of the three types of aggravated crimes (the special sentencing person]: the decision of sentence] for 10 months to 3 years [the decision of sentence] recognizes both the background and content of each of the crimes of this case, the number of times of medication, and the fact that all of the crimes are recognized, and criminal punishment that has been staying in Korea since 2010.

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