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(영문) 서울남부지방법원 2014.06.11 2014고단836
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

The defendant is not a person handling narcotics as a Chinese citizen.

1. On October 22, 2013, the Defendant: (a) laid water in a single-use drinking water bottled in a single-use drinking bottle where it is difficult to know the trade name in Ansan-si B; (b) laid off two joints of brick lids; (c) laid down two joints of brick lids; and (d) laid down a psychotropic drug campiles (hereinafter referred to as “clophones”); and (c) administered phiphones in a way of spreading a smoke by heating the psychotropic drug into a dactter.

2. At around 23:00 on November 13, 2013, the Defendant, at a single-use drinking water plant located in Yeongdeungpo-gu Seoul Metropolitan Government, carried water onto the single-use drinking water bottle, sticking two joints of the lids, sticking two joints of the lids, cutting down two joints of the lids on the lids, and administered the phiphones in such a way that the smoke emitted by heating the gate with the strings.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Copy of the protocol of suspect examination of D by the police;

1. Requests for appraisal, reports on requests for appraisal and additional reports on requests for appraisal;

1. Application of Acts and subordinate statutes attached to market declaration;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor

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 factors of sentencing shall be taken into account):

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (popon medication) (Determination of types), medication of narcotics, simple possession, etc.;

Items c) and c.

Title, etc. [Scope of Recommendation] 10 months - 2 years (Basic Area)

(b) 10 months in the course of multiple crimes - 3 years (one-2 of the upper limit of concurrent crimes (the same as basic crimes) shall be added to the upper limit of basic crimes);

2. The depth of the harm that the decision on the sentence of narcotics has on society and the eradication of the narcotics crime accordingly.

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