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(영문) 전주지방법원 2020.01.16 2019고단1657

마약류관리에관한법률위반(향정)

Text

Defendants shall be punished by imprisonment for six months.

20,000 won shall be collected from each of the Defendants.

Reasons

Punishment of the crime

A person other than a person handling narcotics shall not administer a psychotropic drug camacopon (hereinafter referred to as “copon”), and the Defendants shall not be a person handling narcotics.

1. On December 2018, 2018, the Defendants: (a) conspireded to put the clophone in the end of a glass pipe connected with a glass disease containing water; and (b) inhaled the smoke that occurred after the heating the lower part of the clopped with the clopped with the clopped with the clopped with the clopped with the clopped with the clopped with the clopped with the clopped with the clopped with the clopped with the clo

2. On January 1, 2019, the Defendants: (a) conspireded to put the non-opopon into the end of a glass pipe connected to a glass disease containing water in collusion with a policeman on early January 3, 2019; and (b) inhales the smoke generated after the heating the following parts into a horse (hereinafter referred to as “copon license”). The Defendants administered the opon one time in collusion (hereinafter referred to as “copon license”).

Summary of Evidence

1. Defendants’ respective legal statements

1. Requests for each appraisal, and a statement on narcotics appraisal;

1. Each protocol of seizure and the list of seizure;

1. The calculation of each surcharge and the application of Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, and the choice of imprisonment, respectively, with prison labor, under Articles 60 (1) 2, 4 (1) 1, and 2 (3) of the Act

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (200,000 won for each additional collection = 100,000 won for medication once x twice);

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(b) crime 2.