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(영문) 의정부지방법원 2018.01.10 2017고단5123
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

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clocks (one philopopon; hereinafter referred to as “philopon”).

1. From the end of April 2017 to the end of the end of the end of Thailand, the Defendant administered phiphonephones on one occasion in the D hotel hotel room in Thailand C, with a method of inhaleing smokes generated after heating the volume of philophones brought to the cockic women (one person: E) by using a smoking tool (one name “fluor” method).

2. On May 2, 2017, the Defendant administered the instant in the passenger room of the said hotel once in the same manner as the number of philophones which brought about by the female of the said influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Status of individual entry or departure;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 of the Criminal Act on the observation of protection;

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. Basic areas (a period of 10 months to 2 years) of the crimes of violation of the Act on the Control of Narcotics, Etc.: The basic areas (a period of 10 months) for medication, simple possession, etc. (a period of 10 months to 2 years);

2. The scope of final sentence due to the aggravation of multiple offenses: Ten months to three years of imprisonment; and

3. Determination of sentence: Imprisonment with prison labor for 10 months, the quality of the crime of this case committed in a foreign country for 2 years suspended sentence is not good, and there is no previous conviction for the same kind of crime, and there is no previous conviction exceeding the previous fine of this case, favorable circumstances such as the fact that the crime was committed by simple medication, and other favorable circumstances such as the defendant's age, sex behavior, environment, motive, means, method, and consequence of the crime of this case, and the conditions before and after the crime.

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