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(영문) 수원지방법원 평택지원 2016.04.15 2016고단317

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

50,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On February 22, 2016, the Defendant: (a) sent mephones to the Mesophical drugs (the Melopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopop

2. Medication of phiphones.

A. The Defendant, along with his name in the date and time, and at the places specified in paragraph 1 of the above paragraph with the name in the name in the name in the name in the name in the name of the winners, concealed the volume of the penphones in advance and dried up by heating them. In light of the smoke, at the time and place, the Defendant dupliced the smoke as soon as possible after having put the cup the cuplic in the call cup, which was inserted in the cuplic, and then making the cupliced in the water, and dupliced as soon as one as the cupliced smoking machine (hereinafter “water pipe”).

B. On February 22, 2016, the Defendant, along with E and F, inhaled the smoke of phiphones using water pipe in a total of three times from that time until 17:00 on the same day, including the Defendant’s inhaled the smoke of phiphones purchased, as described in the foregoing paragraph (1), by water tobacco pipe, as described in the foregoing paragraph (a).

Accordingly, the Defendant, in collusion with E and F, administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Response to a request for appraisal;

1. Each photograph;

1. Application of Acts and subordinate statutes to a report on investigation by the prosecution (report on the calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for the Prevention of Criminal Facts and the Selection of Punishment, and Article 30 of the Criminal Act (the trading of phiphones and the points of administration)

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. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.