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(영문) 의정부지방법원 고양지원 2018.08.24 2018고단1624
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten 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

No person, other than a narcotics handler, shall administer a Mept caculph (copon, hereinafter referred to as coponopon), which is a local mental medicine, and the defendant is not a person dealing with narcotics.

At around 23:00 on August 7, 2017, the Defendant, along with B and C, administered phiphones in a manner that inhales in B, C, and C’s car parked near the entrance and exit of subway No. 7 line E. 3, located in Seoul Gwangjin-gu, Seoul, by raising the volume of phiphones in favor of the glassline, and in a manner that inhales B, C, and Defendant order.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect B by the police; and

1. Application of Acts and subordinate statutes to report internal investigation (place of crime and 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 of the Act on the Selection and Management of Narcotics, Etc.;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment], the medication and the simple possession, etc. of the sentence, and the basic area (from October to two years) of the sentencing guidelines;

2. In the case of a narcotic crime on which a sentence is imposed, the risk of recidivism is high, the social harm is very high, and there is a need to strictly punish a crime, and in the case of phiphonephones, the toxicity and harmful effects of the crime are very heavy compared to other narcotics, and the crime is also disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects his mistake, and that there is no record of punishment for the same crime, etc. are favorable to the defendant.

In full view of the above circumstances and the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing as shown in the previous theories, the punishment as ordered shall be determined.

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