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(영문) 광주지방법원 2016.02.18 2015고단4370
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[criminal record] The defendant is a person who had been sentenced to a fine of KRW 9 million by the Gwangju District Court on December 16, 2005 for a violation of the Act on the Control of Narcotics, etc., and had been sentenced to a fine of KRW 9 million three times more.

[Criminal facts] The Defendant is not a narcotics handler

1. On July 2015, the Defendant injected approximately 0.1g of the Memptop ctopy, a local mental medicine, into a single-use injection machine, and injected into the following arms at the home of the Defendant in Gwangju Southern-gu, Gwangju-gu. (hereinafter referred to as “Memopon”).

2. On July 2015, the Defendant injected approximately 0.1g of phiphonephones into the Defendant’s house located in Gwangju Nam-gu, Nam-gu, Gwangju, for a single-use injection machine, and melted them into the following arms.

3. On July 24, 2015, the Defendant provided approximately 0.2 grams of philopon to G from a car driven by G parked in the F parking lot located in the Seo-gu in Gwangju, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of the accused or G by the prosecution;

1. Seizure records;

1. Photographs, investigation report on the discovery of injection devices, request for appraisal, and investigation report on the calculation of an additional collection charge (Evidence No. 14, 22, 23, 29, 35 No. 5 of the evidence list);

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal and investigative data;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

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. Reasons for sentencing under Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] Medications, simple possession, etc.

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