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(영문) 광주지방법원 2017.07.27 2017고단2068
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

1. On March 2016, the Defendant: (a) around 23:00, around Daejeon Pungdong C and 202, the Defendant purchased and sold 400,000 philophones from D, and (b) approximately 0.5 g (one philopon; hereinafter “philopon”) of a local mental medicine clopon contained in a single-use injection device from D.

2. Medication of phiphones.

A. The Defendant administered approximately 0.1g of oponon 0.5g opon con con con con con con con con con at the time and place set forth in paragraph 1.

B. In October 2016, the Defendant administered the philoopon volume in the Defendant’s house located in Daegu Suwon-gu E and 202 by melting the phiopon volume into water.

(c)

On May 10, 2017, at around 06:00, the Defendant administered philophones by melting them into water at the home of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Two-time suspect examination protocol against the accused (including the part concerning the statement of the F);

1. A written appraisal;

1. Application of Acts and subordinate statutes on transactions of passbooks;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (based on calculation of the amount of additional collection: 400,000 won of the purchase price of penphones);

1. Application of the sentencing criteria;

(a) There is no recommendation [the scope of recommending punishment] for each crime of violation of the Act on the Control of Narcotics, Etc. (Crimes No. 1-3 Crimes) due to medication, and the basic area (10 months to 2 years) for the basic area (2 years from 10 months to 3 years) for each crime of violation of the Act on the Control of Narcotics, etc. (the scope of recommending punishment] for medication;

(b) Application of standards for handling multiple crimes: October to August 3;

2. Crimes related to narcotics, etc. on which a sentence is rendered shall have serious social harm and the defendant shall have purchased phiphones.

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