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(영문) 의정부지방법원 고양지원 2017.07.21 2017고단1648
마약류관리에관한법률위반(향정)
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Mesopha (hereinafter referred to as “philophone”) as follows.

1. On October 2016, the Defendant received Handphones from D from the Nam-gu Incheon Metropolitan City Officetel Ctel 1810, and received them.

2. Medication of phiphones.

A. On October 2016, the Defendant administered the ctel 1810 of the Nam-gu Incheon Metropolitan City Officetel 1810 in early October 2016 by means of smoking with a medication instrument made as soon as possible with water and the smoke generated after heating the scopon into the scopic.

B. On October 2016, the Defendant administered a medication by means of smoking with a medication made as soon as possible at the physical branch, by raising the volume of philoopopopon’s philoopopon’s d above 1. As indicated in the foregoing 1. Paragraph, the Defendant, which was parked in a Buddhist place not more than Incheon at the end of the end of October, 2016.

(c)

On February 2, 2017, the Defendant administered a medication in a way that smokes from the E-A-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo, as indicated in the foregoing 1. paragraph, to a medication made as soon as possible with water and water, after heating the volume of philophones from D into a hurbur-Woo-Won car.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the protocol concerning interrogation of suspects to the prosecution regarding D;

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. The amount of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (300,000 won for the 3-time medication) is not specified, and thus, it is not possible to order the defendant to additionally collect the amount (Supreme Court Decision 2016Do16170 Decided December 15, 2016), and the amount of the administered portion.

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