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(영문) 광주지방법원 2016.12.02 2016고단4871

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 20, 2016, the Defendant purchased approximately KRW 600,000 to E, and 0.7 grams, which are psychotropic drugs, from E, from around bus stops near Seongdong-gu Seoul Metropolitan Government, and purchased from E, approximately 0.7g of psychotropic drugs.

2. Metropha medication;

A. On October 20, 2016, the Defendant: (a) inserted approximately 0.05gopon in G-W G-gu Seoul Metropolitan Government’s in the single-use cell phone; (b) melted the water into the Defendant’s arms; and (c) injected it into the Defendant’s arms.

B. On October 21, 2016, the Defendant, around October 21, 2016, injected approximately 0.05 grams in G-gu Seoul Metropolitan Government’s non-disfluencing telephones into a single-use injection machine, melting them into water, and injected them into the Defendant’s arms.

C. Around October 22, 2016, the Defendant injected 502 IMotel in Gwangju Dong-gu, and 0.05g philophones into a single-use injection machine, melting them into water, and injected them into the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each request for appraisal;

1. Records of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to the place of criminal investigation, report on criminal investigation (a confirmation and recovery of injections based on a suspect's statement), on-site photographs, and investigation reports (calculated additionally);

1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the point of transaction and administration of phiphonephones) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

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 extenuating circumstances among the reasons for sentencing);

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Calculation of the amount additionally collected under the proviso to Article 67 of the Act on the Control of Narcotics, etc.: 600,000 won = approximately 0.7g of phiphonephones under the crime of paragraph (1) in its holding; and