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(영문) 수원지방법원 2017.09.22 2017고합445
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 마약류 취급자가 아님에도 불구하고 2016. 12. 경 서울 마포구 D에 있는 E 학교 부근의 상호 불상 클럽에서 성명 불상 자로부터 구매한 향 정신성의약품인 엘 에스디 [LSD, 리서 직 산 디에틸 아마 이드 (Lisergic acid diethylamide)] 1 장을 자신의 혓바닥에 붙여서 녹여 먹는 방법으로 이를 사용하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol of seizure and a letter of delivery of a seizure list;

1. Notification of the results of legal and chemical appraisal (A's reproduction) and written appraisal (Evidence No. 22) and reply to the results of narcotic appraisal;

1. Details of the person's mobile phone restoration - SNS dialogues, details of the suspect's mobile phone restoration - LSdi medication photographs;

1. Application of Acts and subordinate statutes on a monthly trend of narcotics for autopsy;

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 Act on criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 15 years;

2. Scope of the recommended punishment according to the sentencing guidelines: There is no basic area [a person subject to special sentencing] of the four types (narcoticss, drugs, perfumea, etc.) including the medication and simple possession, etc. from one year to three years (the scope of the recommended punishment].

3. The crimes related to narcotics, such as the crime of this case committed by the defendant who was sentenced to the sentence, is likely to exert a serious adverse impact on society as well as to avoid the body and mind of an individual, and to harm the health of the people or cause other crimes, and thus, it is necessary to strictly punish them.

However, this part of the charges is recognized by the defendant, and the defendant is the first offender who has no record of criminal punishment.

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