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(영문) 수원지방법원 평택지원 2016.03.31 2015고단1576
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

Despite the fact that the Defendant is not a narcotics handler, at the guest room where the number of 7 stories in Pyeongtaek-si B cannot be known on June 19, 2015, the Defendant administered the Defendant’s arms using a melting machine for 0.05g of water on the Defendant’s arms, and administered the mers 0.05g of water on the same day in the same manner as around 02:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to D rulings and suspect interrogation records);

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 Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

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

1. Determination on the application of the sentencing guidelines of the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to the lower limit: The scope of recommending the sentencing guidelines of theO: Taking into account all circumstances, such as the first offender who has no record of committing an O crime in the mitigation area (six months to one year and six months), such as medication, simple possession, etc.

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