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(영문) 광주지방법원 해남지원 2017.04.20 2017고단93
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 1, 2017, around 18:00, the Defendant received and delivered the Metectop ctotamin (Metmptoctoctoctoctoctoctoctoctoctoctoctoctoctoc toctoctoctoctoctoctoctoctoctoctoctoctoctous) from E, among others.

2. On February 26, 2017, around 22:00, the Defendant used the Mept Mepta, which is a local mental medicine, in a manner that allows the victim to drink the alcohol residues of the Victim H (P, 32 years old), the main employee of the Mepta, who is the main employee of the Mepta, issued by E, at G G G G G G G G G DoF, and caused the victim to inflict an injury on the victim’s suffering from acute drug addiction due to the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I (alias), and J;

1. Each protocol of seizure (22 pages, 97 pages) and a list of seizure (25 pages, 98 pages of investigation records);

1. A written opinion (H) and a medical record;

1. Submissions of a report on the results of preliminary tests on the base of narcotics, etc., and requests for appraisal and assessment of urines, which are simple reagents (26 pages of investigation records);

1. Application of the photographic Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 2 and Article 257 (1) of the Criminal Act concerning facts constituting an offense; and Article 60 (1) 3, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. through which the relevant law and punishment are selected;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment prescribed for a violation of the Act on the Control of Narcotics, etc. due to the use of a psychotropic drug and a crime of bodily injury, and a punishment for a violation of the Act on the Control of Narcotics, etc., with heavy punishment);

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The crime of violation of the Act on the Control of Narcotics, Etc. by the use of mental drugs and the crime of injury by the use of the Sentencing criteria is an ordinary concurrent crime, and the Sentencing criteria are the same.

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