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(영문) 수원지방법원 2013.09.10 2013고합465
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On October 31, 2012, the Defendant, at the Defendant’s room located in Pyeongtaek-si C, posted psychotropic drugs JWH-018 and its similar body (AM-2201) in one cigarette, psychotropic drugs, and smoked with E, a U.S. military E, which is the U.S. military volunteer fee.

2. The Defendant, on November 2012, posted psychotropic drugs into one cigarette room of F, a U.S. military volunteer in the foregoing D, with a psychotropic drug JWH-018 and its similar body (AM-2201) and smoked with G, F, and E, a U.S. military volunteer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each prosecutor's interrogation protocol concerning E and F to the prosecution's protocol;

1. Article 59 (1) 5, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. The proviso to Article 67 of the Narcotics Control Act.

5. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. One year to forty-five years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Application of the standard for sentencing [Determination of types] Medication, simple possession, etc., of narcotics and perfumes.

(B) Basic area: Imprisonment with prison labor for a period from one year to three years (general person): Reduction element of a crime: Imprisonment for a period from one year to four years [ multiple crimes] for a period from one year to six years [1/2 (1/6 months of the upper limit of the range of sentence (3 years)] for a period from one year to six years (one year and six months).

3. In light of the fact that not only causes serious physical and mental dependence, but also it is highly likely that other crimes may be involved or induced in the process of manufacturing, distributing and using narcotics, etc., and that the use of narcotics, etc. by the Defendant, who is a soldier, may weaken the fighting power of the military forces to which he belongs, but also adversely affect our society, there is a need to punish the Defendant strictly. However, the latter error is late.

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