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(영문) 제주지방법원 2016.04.15 2016고단295
마약류관리에관한법률위반(향정)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is not a narcotics handler.

A. At the Defendant’s house located in Jeju City D Building 608 around January 2016, the Defendant: (a) carried a glass pipe containing approximately 0.3g of Mamptamine (i.e., “copon”; hereinafter referred to as “copon”); (b) carried a part of the glass pipe containing approximately 0.3g of Mamphamine (i.e., “mopon”); and (c) administered a copon in a manner that inhales it through the opposite side through a copon box connected to the opposite side.

B. Around February 10, 2016, the Defendant administered approximately 0.3 g opphones at the home of the above Defendant’s house in the same manner as the above paragraph (a).

(c)

On February 16, 2016, the Defendant administered approximately 0.3 g of phiphones in the same manner as the above Paragraph (a) at the home of the above Defendant.

2. On February 27, 2016, around 13:11, the Defendant damaged the article in common use by taking three the entrance doors of the detention room in the relevant place, which is an article used by a public office as a knife with a knife, due to the fact that he/she had a type, leakage, or interview and had a dispute at the metropolitan detention room of the Jeju-dong Police Station in the Jeju-dong Police Station, which was located in 66, in Jeju-do, and caused damage to KRW 50,000 of the repair cost by taking three times the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by E;

1. A written appraisal of each drug;

1. Written estimate;

1. Seizure records;

1. A report on investigation (attaching photographs of damage);

1. Application of Acts and subordinate statutes No. 1 to 17, No. 19

1. Relevant Article of the Act on the Control of Narcotics, etc. and the Selection of Punishment: Imprisonment with prison labor, respectively, under Articles 60(1)2, 4(1) and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Article 141(1) of the Criminal Act (a point of damage to goods for public use) and Article 60 of the same Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Confiscation: The Narcotics Control Act;

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