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(영문) 광주지방법원 2016.11.24 2016고단4494
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for 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 19, 2016, the Defendant, at the D’s house located in Gwangju Mine-gu Seoul, administered a smoke generated by inserting it into a glass pipe, and heating it into a psychotropic-related psychotropic drug camblurine (hereinafter “camblurphone”), using a camblon inhaler.

2. Around June 21, 2016, the Defendant administered the d’s house located in Gwangju Mine-gu Seoul, in a way of aloning the smoke generated by inserting the non-opopopopopopopopopopopopic volume into the glass pipe, along with E, G, and D, using the phiopon inhalers.

3. On July 17, 2016, the Defendant purchased approximately 0.2 gramphones from E at E’s house located in Gwangju Mine-gu I, and purchased approximately 0.2 grams from E.

4. Around July 17, 2016, the Defendant administered a caton of a smoke generated by inserting approximately 0.1g of cathophone into a glass pipe at the house of the Defendant in Gwangju Mine-gu, and at the Defendant’s house in 304, using a caton inhaler in a caton method.

Summary of Evidence

1. Defendant's legal statement;

1. Statement E in the suspect examination protocol of the accused by the prosecution;

1. Statement to E by the police;

1. The police seizure record and the list of seizure;

1. A written request for appraisal, a report on narcotics appraisal;

1. Report on investigation (report on the calculation of additional collection charges);

1. Cancer prices of narcotics;

1. Application of Acts and subordinate statutes on housing photographs;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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

1. Article 62 (1) of the Criminal Act;

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

1. The second crime for which the sentencing of Article 334(1) of the Criminal Procedure Act is based on the sentencing of Article 334(1) of the provisional payment order (the scope of recommending punishment), medication, simple possession, etc. of the first crime [the scope of recommending punishment] and the basic area (10 months to 2 years] (10 months to 2 years) of the Criminal Procedure Act (the scope of recommending punishment];

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