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(영문) 광주지방법원 2016.11.03 2016고단3778
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 4, 2016, the Defendant sold to E approximately 0.02 grams of psychotropic drugs-related psychotropic drugs (i.e., one-time clopon; hereinafter “clopon”) at the office of D located in Gwangju Mine-gu, Gwangju, for approximately 50,000 won.

2. On June 25, 2016, the Defendant received approximately 0.01g of phiphonephones from F at D’s house located in Gwangju Mine District C, and from F.

3. Around June 25, 2016, the Defendant administered 0.01 grams in the D’s house located in Gwangju Mine-gu, Gwangju, by inserting approximately 0.01g opon into the glass pipe, and making a smoke generated by heating the fopon into the glass pipe, using the phiphone inhalers.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol concerning E or F;

1. The police seizure record and the list of seizure;

1. Report on investigation (report on the calculation of additional collection charges);

1. Written request for appraisal, reply to narcotics appraisal;

1. Application of Acts and subordinate statutes on cancer prices;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, the scope of final sentence due to the mitigation area (8-1-6 months to 8 months), the mitigation area (8-1-6 months), the mitigation area (8-1-6 months), the mitigation area (8-1-6 months), the acquisition of medication and simple possession, etc. (the determination of sentence) the Defendant did not have domestic criminal records, and the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc. are committed.

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