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(영문) 창원지방법원 2017.05.17 2016고단4295
마약류관리에관한법률위반(향정)
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

Defendant

A to collect money of KRW 300,000 from A.

Defendant .

Reasons

Punishment of the crime

【Criminal Records】

1. Defendant F case: Termination of the execution of the sentence of the Jeonwon District Court on November 7, 2013, which was sentenced to violation of the Narcotics Control Act (a violation of the Act on the Control of Narcotics, Etc.: Imprisonment with labor for a year: June 29, 2014;

2. Defendant D case: The judgment of violation of the Act on the Control of Narcotics, Etc. sentenced to by the Changwon District Court on September 24, 2013: Imprisonment with labor for one year: Termination of the execution of the sentence of the Gwangju Prison on June 18, 2014 [criminal facts]

1. Defendant A

A. On November 2015, the Defendant administered approximately 0.03g of 19:30 in the Defendant’s residence located in Changwon-si, Changwon-si, Jin-si, by dilutioning 0.03g of philophones into the Defendant’s right bucks.

B. On November 2015, the Defendant administered approximately 0.03g of philophones at the above Defendant’s residence in the same manner as the preceding paragraph at around 13:00.

(c)

At around 13:00 on December 11, 2015, the Defendant administered approximately 0.03g of philophones in the same manner as the preceding paragraph at the residence of the above Defendant.

2. Defendant D

A. On November 24, 2015, the Defendant administered approximately 0.03g of philopon at the Defendant’s residence of 104 Dong-dong 401, Jinwon-si, Changwon-si, Seoul Special Metropolitan City, in the manner of drinking around 0.03g of philopon to Blopon.

B. On November 25, 2015, the Defendant administered approximately 0.03g of philophones in the same manner as the preceding paragraph at around 20:00, the Defendant administered approximately 0.03g of philophones.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (Punishments of Imprisonment)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Defendant A of Article 334(1) of the Criminal Procedure Act in the order of provisional payment = 300,000 won = 100,000 won per phiphone x 3 times Defendant D: 20,000 won = 100,000 won per phiphone x 2 times sentencing is due;

1. The basic aggravation of Defendant A’s classification mitigation is 3: (a) and (c) from June to June 1, to 2 years from June 10 to 3 years.

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