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(영문) 의정부지방법원 2016.04.08 2016고단303

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 2015, the Defendant violated the Act on the Control of Narcotics, Etc. due to Mept Apacters (flapsies) received free of charge 0.05 g of 0.05 g in front of the exit route No. D. 4 located in Dobong-gu Seoul Metropolitan Government, on June 2015, around 23:00 to 24:00.

As a result, the defendant received a local mental medicine even though he is not a narcotics handler.

2. Around June 2015, the Defendant violated the Act on the Control of Narcotics, Etc. due to the administration of phiphones (fluence) was put in the Defendant’s house from 23:00 to 24:00 on June 6, 2015, and then injected in arms after dilution with 0.05g of phiphones received from the Defendant’s house from 301, Dobong-gu Seoul Metropolitan Government, such as the foregoing 1.

As a result, the Defendant administered a local mental medicine even though he is not a narcotics handler.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the List of Prices of Narcotics, etc. recently published by a public inspection);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) (i) of Article 2, Article 60 (1) 3 of the Act on the Selective Control of Narcotics, Etc. for Criminal Facts, and Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (i) of Article 2 of the Narcotics Control Act, Article 60 (1) 2, and Article 4 (1) 1, and Article 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc.;

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 suspended execution;

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (based on calculation: 15,500 won = 15,500 won (=310,000 won x 0.05g) collected in addition to the amount prescribed in paragraph (1) of the judgment: Provided, That since the philophone medication referred to in paragraph (2) of the judgment is administered in accordance with paragraph (1) of the judgment, it shall not be collected separately for this part);

1. The order of provisional payment;