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(영문) 수원지방법원 안산지원 2016.12.14 2016고단4266
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, who is not a person handling narcotics, did not possess, possess, receive, use, transport, control, import, export, prepare, prepare, administer, administer, administer, sell, trade, or arrange the trade of, or provide, a psychotropic drug, a psychotropic drug, (hereinafter referred to as “clopon”). However, the Defendant administered a copon as follows.

On August 27, 2016, around 21:00, the Defendant administered philophones by taking a coffee with approximately 0.1g of philophones from D living together in the dwelling area of No. 102, around August 27, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as the transmission note of D case and a copy of suspect interrogation protocol, etc., to the National Institute of Scientific Investigation for Narcotics Appraisal;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) of the Act on the Selection and Management of Narcotics, Etc. concerning Criminal Facts and Selection of Imprisonment with labor;

1. Suspension of execution of the sentence of Article 62(1) of the Criminal Act (the scope of recommending sentence), medication, simple possession, etc. (fab) in consideration of the following: Article 62(1) of the Criminal Act (a) (ab) (ab) of the Criminal Act

Items c) and c.

(i) mitigated area (six months to one year), [Special Mitigation] (where there are grounds for special consideration for commission of a crime or for motive of a crime),

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to attend lectures;

1. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;

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