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(영문) 의정부지방법원 2013.06.04 2013고단992
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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 December 20, 2011, the Defendant was sentenced to a suspended sentence of 2 months on December 28, 201, by imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and the judgment became final and conclusive on December 28, 201.

On November 2011, 2010, the Defendant administered a disposable injection device, which is parked near the residence of the Defendant C, in a manner that allows D to inject the psychotropic drug into the bloodline of the Defendant, even though the Defendant is not a narcotics handler.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the report requested for appraisal (No. 3 of the evidence list);

1. Investigation report (in cases of attaching investigation records, such as a copy of the invoice of custody);

1. Request for cooperation in business;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (the facts during the period of suspension of execution);

1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (amended by Act No. 10789, Jun. 7, 201) concerning criminal facts;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (trade between the crimes of violation of the Act on the Control of Narcotics, etc., in the first head on which the said crime and judgment become final and conclusive);

1. Article 62 (1) of the Criminal Act (General Considerations in favor of the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Order to Attend the Criminal Act refers to that the defendant would not repeat again while breaking his mistake. The crime of this case is in the relation of the violation of the Act on the Control of Narcotics, etc. (fence) and the latter concurrent crimes under Article 37 of the Criminal Act, which became final and conclusive in the preceding part of the crime of this case, and at the same time take into account the case and equality in the case of judgment and all the sentencing conditions and arguments, including the age, character and behavior, environment and circumstances after the crime, etc.

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