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(영문) 의정부지방법원 고양지원 2019.05.02 2018고단3229
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

The Defendant is not a person handling narcotics, and the Defendant shall not administer psychotropic drugs so that the psychotropic drugs-related metropics ("copics"; hereinafter referred to as "copics").

At around 03:00 on April 20, 2018, the Defendant administered approximately 0.1g of the penphonephone in the work room of the male-friendly arrest D in the Ildong-gu B building C in Goyang-si, Goyang-si. In addition, the Defendant administered approximately 0.1g of the penphone in the water.

Accordingly, the Defendant conspiredd with D to administer philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Investigation report (to attach a report on a request for appraisal by an Apictas for reference and a report on narcotics appraisal);

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 1, and Article 2 of the

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

1. Social 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. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. 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 [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

3. The defendant who made a decision on sentencing recognizes and reflects the crimes.

There is no record of criminal punishment except for the punishment of a fine of one million won due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The defendant's age, character and conduct, environment, frequency of crimes, motive, means and result of crimes, circumstances after crimes, etc. shall be determined in comprehensive consideration.

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