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(영문) 대전지방법원 2018.04.25 2016고단4316
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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 April 13, 2016, the Defendant: (a) purchased approximately 5-6 popon administered 1 million won from D, and traded copon, which is a part of D’s vehicle parked in the middle-gu Daejeon Special Metropolitan City C Studio; and (b) purchased approximately 5-6 popon administered copon from D.

2. Medication of phiphones.

A. On June 2015, the Defendant administered philophones by inserting approximately 0.03g of philophones into a single-use diversing machine at the Moel room, which is unaware of the trade name in the Jung-gu, Daejeon, Daejeon, and then injecting it into a beer.

B. On May 12, 2016, the Defendant administered philopon’s microphones in the Moel room, which is not aware of the trade name in the Jung-gu Daejeon Daejeon-gu in the foregoing manner.

(c)

On June 28, 2016, the Defendant administered approximately 0.03g of philophones in the microde room of the telecom, which is unaware of the trade name located in Kimcheon-si in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of the result of a urinal appraisal, attachment of the result of an appraisal of maternity and the calculation of additional dues);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. An order to attend a course under Article 62-2 of the Criminal Act;

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

1. The second crime for which the reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) is applicable (the scope of recommendations), the basic area (1 to 2 years) (1 to 3 years), including the medication, simple possession, etc., of the basic area (the scope of recommendations) of the second crime [the scope of recommendations] (3 types (2 to 2 years) of the basic area (10 months to 3 years) of the Criminal Procedure Act (the person who is subject to special sentencing) of the Criminal Procedure Act / [the scope of recommendations] of the three types of crimes (10 months to 2 years] of the basic area (the person who is subject to special sentencing / [the scope of recommendations].

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