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(영문) 수원지방법원 평택지원 2017.02.02 2016고단2907
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On August 2015, the Defendant, along with the name “C”, she dumped approximately 0.1g of the Memopty moptye, a local mental medicine, in the hotel flopty in Geumcheon-gu Seoul Metropolitan City, in the hotel floptye room (hereinafter “Memopon”). The Defendant dumped the Memopon on the Memopty, and dumped the Memop, and dume dump, and dumped.

Accordingly, the Defendant, in collusion with “C”, administered philophones.

2. The Defendant, along with F, 19:00 on August 2016, at F’s house located in Yeonsu-gu Incheon Metropolitan City G 202, 0.1g of philopon on the balopon on the balopon and dypon, dypates the falpon on the balon, and dypates the smoke.

Accordingly, the Defendant conspiredd with F to administer philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes on narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts;

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

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

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Determination on the application of the sentencing guidelines of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for the reasons of sentencing: The scope of recommendations for the sentencing guidelines of the lower limit applied: consideration of all the circumstances, including the fact that the person entered the Republic of Korea for 2015 as an O ship yard in the mitigation area (six months to one year and six months), and the fact that the person has no domestic criminal records, etc.

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