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(영문) 광주지방법원 2016.04.20 2016고단130

마약류관리에관한법률위반(향정)

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1. The defendant shall be punished by imprisonment with prison labor for six 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 June 1, 2015, the Defendant received approximately 0.1g of the Megatop clop (one philopopon; hereinafter referred to as “philopon”), a local mental medicine, from C, at a sub-fluoric fluoric fluoric fluoric fluoric fluoric fluorial fluoron.

2. On June 5, 2015, the Defendant injected approximately 0.03g of philophones received from the mutual influorial telephones located in the Mineyang-si, Gwangjuyang-si, as set forth in paragraph 1, into a single-use injection machine, and melted them with water, and injected them into the following arms.

3. On January 10, 2016, around 02:00, the Defendant injected D apartment units 305 No. 101, and approximately 0.03 gopphones into a single-use injection machine, and melted them with water, and injected them into the arms.

Summary of Evidence

1. The second-time protocol concerning the suspect examination of the defendant who has made a statement in the court;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant legal provisions and Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., for the Prevention of Criminal Facts, and Selection of Imprisonment with prison labor for each of the following:

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the amount of additional collection: 325,00 won = the value of approximately 0.1g of oponononononononon on the part of the facts constituting the crime of paragraphs (1) and (2) in the judgment of the court below 225,000 won [the value of oponon on the part of oponon on the part of the investigation report (report on the market price of oponon)] 10,000 won for each oponon on the part of opon on the part of the judgment of the court below

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

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Violation of the Act on the Control of Narcotics, Etc. by Handphone medication: Type 3 (b) such as the first and second crimes (the scope of recommendations), medication, simple possession, etc.