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(영문) 광주지방법원 2017.03.16 2017고단597
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 3 or 4 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled Metepha (copon, hereinafter “copon”) which is a local mental medicine as follows.

1. On January 27, 2017, the Defendant purchased opphonephones with approximately KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000

2. On February 2, 2017, the Defendant, who was parked in the vicinity of Gwangju Northern-gu E, put 0.07ghon into a single-use injection machine on a vehicle driven by the Defendant, and injected it into the following arms.

3. On February 2, 2017, the Defendant possessed approximately 0.25g and approximately 0.08g of philopon, respectively, from Gael 507 located in Gwangju Seo-gu around February 10, 2017, the Defendant possessed two disposable injection equipment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the examination of suspect against the accused by the prosecution (including a report on narcotics against the accused’s defense);

1. Protocols of seizure and list of seizure (lists of evidence 3, 4);

1. Each response to a request for appraisal (the aftermath of a non-explosion, the aftermath of a decision);

1. Investigation report (related to measuring the weight of philophones seized by a suspect A);

1. Application of Acts and subordinate statutes to a report on investigation (report on the market price of phiphonephones);

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 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;

1. Crimes Nos. 1 and 2 of the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] are crimes of Type 3 (one year to 3 years) in the area of aggravation (one year to 1 year), the area of aggravation (one year to 3 years), such as medication, simple possession, etc. (the scope of punishment to be recommended] under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. 3 [the scope of punishment to be recommended] trade, assistance, etc.

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