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(영문) 대구지방법원 2014.03.21 2013고합627
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On April 16, 2013, at around 14:40, the Defendant: (a) placed psychotropic drugs JWH-018 and approximately 1g of its similar body (one spphphs) in glass pipes; and (b) smoked in a way of drinking with fire attached thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's interrogation protocol concerning D;

1. Details related to the synthetic narcotics (JWH ser, subsidiaries, etc.), copies of the judgment attached thereto, copies of the request for cooperation in investigation (request for confirmation of narcotics, etc.), and copies of the reply as to whether they correspond to narcotics;

1. Application of the Acts and subordinate statutes to a report on investigation (abandon analysis attached thereto);

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. for Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection (the additional collection shall be 30,000 won at the retail price of 1g);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of punishment] : (a) from 6 months to 15 years [the decision of type] ; (b) the group of narcotics crimes; (c) the possession of simple medication; and (d) types 4 (narcotics; narcotics; and (e) a special form of person] [the recommended] basic area / [the recommended area] / [the scope of the recommended sentence] / 1 to 3 years [the decision of sentence] / 8 months of suspended sentence; (d) 1 year of suspended sentence; (d) the community service order 40 hours is used by the defendant of psychotropic drugs that may cause severe physical and mental dependence in the event of misuse or abuse; and (e) it is highly necessary to eradicate narcotics crimes as the category of crimes that cause serious harm to society. In light of

However, it includes the fact that the defendant is recognized as committing a crime and is against the defendant, and that there is no particular criminal punishment against the defendant.

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