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(영문) 수원지방법원 평택지원 2016.04.08 2016고단280
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

Defendant is not a narcotics handler.

around 15:00 on February 22, 2016, the Defendant, along with C and D, manufactured a smoking system (one name “water pipe”, “water pipe”, “water pipe”, “water pipe”, “water pipe”, and “water pipe” (hereinafter “water pipe”) in the city of Ansan-si, Gyeonggi-do, and “C” in which C had been in possession, cut the pipe by heating, and then cut the smoke by heating, and then cut it into the pipe in a total of 3 occasions between October 2, 201 and July 3, 200.

Accordingly, the Defendant, in collusion with C or D, administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records;

1. Response to a request for appraisal;

1. Application of each statute on photographs;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for the Prevention of Criminal Crimes and the Selection of Punishment, and Article 30 of the Criminal Act (a point of administered phiphones);

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. The scope of punishment: Imprisonment with prison labor for not more than 15 years;

1. Determination of types: Type 3 among the groups of crimes, such as medication and simple possession;

1. Special sentencing factors: The number of persons and the cooperation in investigation;

1. Scope of recommending punishment: Imprisonment with prison labor for six months to one year and six months;

1. Scope of other recommendations for handling multiple crimes - Imprisonment with prison labor for six months to two years;

1. A stay of execution: positive - Major grounds: Reasons for taking into account the participation in a crime, self-denunciation, and no record of criminal punishment - General reasons:

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