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(영문) 광주지방법원 2016.11.03 2016고단3839
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for ten months.

However, it is against the Defendants for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendants are not narcotics handlers.

1. Defendant A

A. On May 8, 2016, the Defendant, along with B’s house located in Gwangju Mine-gu, administered approximately 0.04g of psychotropic drugs, in a glass pipe, and administered smoke generated by inserting 0.04gg of psychotropic drugs, using a rophone inhaleing machine.

B. Around June 7, 2016, the Defendant administered approximately 0.04ghopon in the house of B located in Gwangju Mine-gu, Gwangju, with E and G, in a glass pipe, and administered smoke generated by heating 0.04gopon into a glass pipe by using a hopon inhaler.

2. Defendant B

A. On April 10, 2016, the Defendant administered 0.04ghon in F’s house located in Gwangju Northern-gu Hudio 105, F, together with F, in a glass pipe, and administered smoke generated by heating 0.04ghon in a scopon, using the copon inhalers.

B. Around 20:00 on May 8, 2016, the Defendant, at the Defendant’s house located in Gwangju Mine-gu, put approximately 0.04g of oponon into the glass pipe, and administered 0.04g of oponononon in a fluor method using the copon inhaler incopon inhaled tool.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copies of each police interrogation protocol of E, F, and G;

1. E prosecutorial statement;

1. Each statement of the F;

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

1. Application of Acts and subordinate statutes on cancer prices;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence (or, respectively, choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

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

1. The Criminal Procedure Act shall apply to the order of provisional payment (defendants).

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