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(영문) 의정부지방법원고양지원 2020.12.23 2020고단2490
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Since the Defendant is not a person handling narcotics, he/she shall not administer a psychotropic drug so that the psychotropic drug is not a person handling narcotics.

On July 21, 2020, the Defendant administered philophones in a manner that inhales the philophones into strings by cutting the philophones into strings at the dwelling of Goyang-gu B apartment C, Goyang-gu, Goyang-si, 2020, and then inhales the philophones as soon as possible.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes of one copy of a monthly trend of narcotics, etc., such as a report on internal investigation (in cases of field departure and entrance conditions and protective measures for persons subject to report), investigation report (Attachment to 112 Report), a report on request for appraisal (20-H-15439), a report on request for appraisal (20-H-15439), a report on appraisal,

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

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

1. Probation 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 recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Title [Recommendation and Scope of Recommendation] Basic Field, 10 months to 2 years of imprisonment

2. The defendant's decision to punish him/her has divided his/her errors and has not committed a second offense.

There is no record of criminal punishment against the defendant.

In addition, the punishment shall be determined by comprehensively taking into account the various circumstances shown in pleadings, such as the age, character and conduct, environment, motive and background leading to the crime, frequency of medication, and circumstances before and after the crime.

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