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(영문) 대전지방법원 천안지원 2017.06.15 2017고단645
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 22:00 on December 5, 2015, the Defendant, who is not a narcotics handler, administered a phiphone in collusion with a woman at home in which it is impossible to identify the trade name in the Cheong City of China. At the same time, the Defendant, together with a woman at home, who is unable to identify his/her name, put approximately 0.1g of Mesophical medicine (the name “lophone”; hereinafter referred to as “phiphone”) into the inhaled machine, and put about a smoke emitted from the merophonedic medicine, and administered the phiphone in collusion with a woman at home.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure;

1. Visits to a request for appraisal, and the application of statutes on narcotics 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 (the following favorable circumstances);

1. The grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] [the scope of punishment] 3 types of the basic areas (10-2 years from October to 2] of the Act on the Control of Narcotics, Etc. (the method of sentencing ] (the method of sentencing ; 2. item (b) and (c)) / None of the persons subject to special mitigation] / (the method of sentencing / the method of sentencing / the number of times of medication and the amount of phiphonephones ] / the defendant’s attitude visible in an investigative agency and court, the defendant’s criminal records (the fact that the punishment was imposed 10 times, but all of them are the previous crimes).

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