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(영문) 창원지방법원 마산지원 2018.08.29 2018고단518
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On February 3, 2018, the Defendant administered a medication, which is a fluoric mental medicine (one philophone) dilution in the area of Changwon-si E heading in Changwon-si, Changwon-si, and which is a fluoric mental medicine (one philophone) dilutiond with liquid in the area of a major disease, on two occasions, depending on the fluoral residues.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. Three-year imprisonment with prison labor for the area of aggravation (not less than three-year suspension of execution) (referring to a suspended sentence for a period of not less than three-year), referring to the sentencing guidelines (referring to a type of determination) of class 3 (referring to the determination of class (b), (c), and (c)), such as medication, simple possession, etc. of narcotics;

2. The defendant has the same power to decide a sentence; and

However, the sentence shall be determined as per the disposition in consideration of the fact that one's mistake is recognized and reflected, the details of the case and family relations.

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