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(영문) 수원지방법원 안양지원 2015.11.26 2015고단1264

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

80,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. The Defendant is not a person handling narcotics, etc.

On November 30, 2014, the Defendant administered a penphone on eight occasions, such as inserting approximately 0.1g of Metepopa (one-name clopopon; hereinafter “philoopopon”) into a single-use injection machine, dilution with raw water, etc., at the house of Seo-gu Incheon, Seo-gu, Incheon, Incheon, and administering a penphone on eight occasions, as shown in the Schedule of Crimes (1).

2. On November 30, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (marijujuries) and the Act on the Control of Narcotics, Etc. (marijus) smoked marijuana more than nine times, including the Plaintiff, at the same place as the preceding paragraph, in a tobacco form, sealed a smoke in a tobacco form by wrapping a horse with a smoke.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. An interrogation protocol of F by prosecution;

1. Each prosecutor's statement concerning E;

1. Investigation report (E statements, results of questioning by and among the countries, results of the investigation report (F maternity test report), investigation report (the date, time, and place of crime);

1. Application of the provisions of the Acts and subordinate statutes of reply to inquiries (No. 9), replys to inquiries (No. 24);

1. The relevant Article of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the points of the administered opon), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (the points of the smoking in marijuana) of the Act on the Control of Narcotics, etc., and the selection of imprisonment for each of the following imprisonment:

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

1. The reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at the market price of a philophone x 8 times = 800,00) is that the defendant committed the medication of a philophone and the crime of smoking in marijuana repeatedly with his/her cohabiting woman, etc., and the nature of such crime is heavy;

In addition, on November 1, 2013, the defendant is punished by imprisonment with prison labor for the crime of smoking, trade, giving and receiving, cultivating, and using psychotropic drugs at the Seoul High Court.