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(영문) 수원지방법원 안산지원 2014.08.28 2014고단1637
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

On July 9, 2014, the Defendant was sentenced to imprisonment with prison labor for six months at the Incheon District Court for a violation of the Road Traffic Act, and the sentence became final and conclusive on July 17, 2014.

The defendant is not a person handling narcotics.

1. On December 2012, 2012, the Defendant, at D’s house located in Sinsil City C 205, administered phiphonephones by inserting approximately 0.14 grams of mert cams (on June 5, 2014, the Defendant, together with D, in plastic disease, glass, and crophone inhales made by making use of sphophones as soon as possible, into the crophones (on the face of a day; hereinafter referred to as “philophones”), and crophones were administered in a way of spreading and inhaleing the phiphones caused by heating the inhalers.

2. At around March 5, 2013, the Defendant administered philophones by inserting philophones into the philosophical inhaled body using plastic, glass pipes, and as soon as possible, and inserting and inhaleing philophones generated by heating the inhaled body in the philosophical inhaled body, at the house of the above D on April 29, 2014 (the indictment of detention on April 29, 2014), E (the indictment of detention on June 5, 2014).

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning G;

1. Investigation report (related to calculation of additional collection charges), and monthly trend of narcotics;

1. Before holding: A inquiry report on criminal records, etc., written judgments, and application of statutes on the details of cases;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

1. The crime of this case committed by the defendant on the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., which administered phiphones with other persons on two occasions, is social.

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