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(영문) 서울중앙지방법원 2016.10.20 2016고단3877
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

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

Even if the defendant is not a person handling narcotics, the defendant from April 25, 2015.

5.7.Between 1.00: (a) one psychotropic drug-related psychotropic drug-related metroopon (hereinafter referred to as “copononon,” hereinafter) at an insular area (hereinafter referred to as “insular phone”).

The scopon administered a scopon by driving the scopon in the water.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (the sequence 24 of evidence list);

1. Application of Acts and subordinate statutes of the current status of individual immigration management (A);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The proviso of Article 67 of the Act on the Control of Narcotics, etc. subject to Collection and Provisional Payment Order, Article 334(1) of the Criminal Procedure Act: Reasons for sentencing of 100,000 won (the scope of recommendations in the sentencing guidelines), including the medication and simple possession [the scope of recommendations in the sentencing guidelines] in the basic area (one hundred to two years) of types 3 (one hundred to two years) [the decision of sentence] in the crimes related to narcotics, etc., need to be punished in the sense that it causes the decilization of individuals, homes, society and human beings as a result of a social phenomenon beyond an individual criminal act.

In full view of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, the sentence as ordered shall be determined within the scope of the recommended sentence.

o Unfavorable circumstances: Honopon Madon Madon Madon Madon Madon test results

o A favorable condition: A voice response has been made as a result of written philophones appraisal.

There is no record of the same kind of crime related to narcotics, and there is no particular record of crime after around 2010.

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