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(영문) 수원지방법원 2013.07.23 2013고합330
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Although the Defendant is not a person handling narcotics, on September 2, 2012, around 10:25, the Defendant paid USD 100 to the former soldiers E on the roads in front of Pyeongtaek-si, and purchased 2g similar chain of JWH-018 JW-201 (one 'Sphs'; hereinafter ‘Sphphs'), which is a psychotropic drug, and inhaled from that time to December 11, 2012 by smoking in the way of smoking in the stoms inside the said base, such as the list of crimes in attached Form 35 times, from that time, from that time to December 11, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect suspect of the police against E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 59 (1) 5, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

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

1. Reasons for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. ($ 4,250 in fact, which is the basis for calculating the amount of additional collection x US dollars 4,250 in fact, x 22 July 22, 2013, which is close to the date of this judgment);

1. The scope of applicable sentences: Imprisonment with prison labor for one year to 45 years; and

2. Application of the sentencing criteria (determination of type) narcotics: Medication, simple possession, etc., of narcotics;

[Determination of the recommended territory] Basic Field [Scope of Recommendation] Imprisonment with prison labor from one year to three years;

3. The crime of this case, which was determined to be sentenced, requires the Defendant to take responsibility corresponding to this, on the ground that the Defendant’s sprinkling 35 times or inhales psychotropic drugs for about three months, and that narcotics-related crimes may have a serious adverse impact on society as a result of the toxicity of narcotics, etc., and may cause a significant negative impact on society as a whole, and thus need to eradicate it.

However, the fact that the defendant recognized all of the crimes of this case and reflected, and the defendant's rehabilitation program.

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