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(영문) 서울중앙지방법원 2016.11.17 2016고단6042
마약류관리에관한법률위반(향정)등
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

Although the Defendant was not a person handling narcotics, the Defendant treated the psychotropic drugs, Mebacule (hereinafter referred to as “ponphone”) and marijuana as follows:

1. A defendant who violates the Narcotics Control Act shall be from February 2, 2015 to the same year;

3. At the residence of Da 612 E in the Sungnam-si, Sungnam-si, Sungnam-si, the balinium of alinium was smoking in such a way that the balinum lids of alinium lids of alinium by inserting the salinium, attaching fire as soon as possible, thereby spreading it by making use of the salinum.

2. On March 2015, the Defendant, in violation of the Narcotics Control Act, administered philophones by inserting philophones into a single-use injection machine, dilution with water at the residence of the above E at the time of the non-date of March 2015, and in the way of injecting them into his arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the suspect examination protocol of prosecution E;

1. A copy of a protocol of suspect examination of the police with F;

1. Calls and answers to the details of telephone calls, certificates of narcotics appraisal, and written judgments;

1. Application of Acts and subordinate statutes to report on investigation (the analysis of monetary details);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with labor for the crime;

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. The sentence identical to the disposition shall be imposed, taking into consideration the following circumstances: (a) the fact that the defendant's reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. recognizes the crime and reflects the fact that there is no criminal conviction to consider the defendant; and (b) the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc.

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