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(영문) 수원지방법원 평택지원 2016.10.13 2016고단1834
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.

1. On July 1, 2016, around 06:00, the Defendant: (a) had D put approximately 0.03g of psychotropic drugs in a single-use injection machine; (b) recorded them in water; and (c) melted the Defendant’s arms into the Defendant’s arms.

Accordingly, the Defendant conspiredd with D to administer philophones.

2. On August 2016, the Defendant administered approximately 0.03 grams from the fifth floor of the E building in Cheongan-si, Chungcheongnam-do, Chungcheongnam-do, in the same manner as paragraph 1.

Accordingly, the Defendant conspiredd with D to administer philophones.

3. On August 30, 2016, at the F Hotel 380 room located in Cambodia City, the Defendant: (a) thrown up two strings as soon as possible by sticking two strings; (b) thrown up one strings using a simplified smoking machine that does not contact water; and (c) flown up approximately 0.03g of the strings using a simple smoking machine that does not contact the water and inhales with G.

Accordingly, the Defendant conspired with G to administer philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a narcotics appraisal report;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and Article 30 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Determination of the application of the sentencing guidelines in the proviso to Article 67 of the Act on the Control of Narcotics, etc.: The scope of recommendations for sentencing guidelines in the applicable O: The person shall have no record of committing a crime except for the fine due to the medication, simple possession, etc. of drugs (f) and the mitigation area (f) of punishment (6 to 16 months) for a long time and a long time except for the fine due to the opening and opening of gambling.

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