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(영문) 대구지방법원 영덕지원 2014.11.12 2014고단109
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant administered a psychotropic drug Mespopic Mespopic Mespopic Mespopic Mespopic Mespopic Mespopic Mespopic Mespopic Mespopic Mespopic in

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on internal investigation (the contents of a conversation 112 reported), a report on request for appraisal, a report on investigation (presumponing the timing for administration of a sopon), a report on investigation (calculated

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (including the fact that the criminal defendant has been detained, and his/her confession has been made late);

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The scope of sentencing guidelines set forth in the sentencing guidelines: the sentencing guidelines for narcotics crimes - 01 medication and simple possession - 3 special appearance - None of the factors to increase: (a) (b) the defendant has four times penalty power for the same kind of crime, but it is difficult to conclude that the defendant is habitual offenders in light of the fact that there are about three to five years for each previous crime: The scope of recommending punishment that there is no element to reduce: Basic area (ten months of imprisonment - two years);

2. Aggravationd factors of general talented persons: None of the previous elements (in excess of 3 years and within 10 years, respectively):

3. Main reasons for the suspension of execution: The negative and negative reasons why there are no positive reasons: At least two times, but not less than a general positive reasons: The serious reflectivity (it shall be considered that the court recognizes the crime and states itself on the date, time, and place of the crime late).

4. Determination of sentence: Imprisonment with prison labor for a year and two months of suspension of execution; three years of probation; probation; community service; 120 hours; and 100,00 won in addition to collection.

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