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(영문) 서울서부지방법원 2018.02.22 2017고단3143
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 21, 2016, the Defendant administered Metephopa (hereinafter “Handphone”), on September 21, 2016, at around 21:00 to 22:00 on September 21, 2016, the Defendant: (a) made a Chinese name influort box (one name D), the head of the travel agency of which is the Chinese Cheongdo; (b) made a mecopic influor off on the Aluminium; and (c) injected narcotics (one name “Freeb base”; and (d) injected steams generated in burning narcotics as soon as possible using a phone-phone, water cooling steam, water spraying, and steams used at the time the steam is used).

2. On September 22, 2016, the Defendant inhaled the steam produced by heating the instant Chinese name and in the same manner as Paragraph 1, at a marina room that does not know the trade name located in the Cheongdo of China around September 22, 2016, around 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. A report on confirmation of the administration of a traveler sent by a Chinese government office;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act), including the fact that the defendant is not guilty of a crime relating to narcotics, etc. again while reflecting his depth on the crime of this case, the frequency of medication by the defendant, the fact that the defendant has been punished twice due to the crime of this case, and other conditions of sentencing prescribed by Article 51 of the Criminal Act, such as the age, sex, environment, motive

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The Criminal Procedure Act of the Provisional Payment Order.

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