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(영문) 광주지방법원 2015.12.03 2015고단3974
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around July 2015, the Defendant administered approximately 0.05 grams of psychotropic drugs-related Mespacters (one philophone, hereinafter “philophones”) at the Defendant’s home located in Busan-gu, Busan-gu, in a way of hanging them on coffees.

2. On September 30, 2015, the Defendant purchased KRW 100,000,000,000,000,000,000 from the apartment in Busan Shipping Daegu D, to E, and purchased it.

3. On September 30, 2015, around Busan, around 20:0, the Defendant’s house located in Nam-gu Busan, put approximately 0.05g opon into a single-use injection machine, melting water into a water and administered them in a way of injecting it into a diver.

4. On October 1, 2015, around 04:00, the Defendant’s house located in Nam-gu Busan Metropolitan City C was administered by inserting approximately 0.05g phiphones into a single-use injection machine and melting them into water with water in a injection.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Investigation report (report on the market price of phiphonephones);

1. Application of the Acts and subordinate statutes of each request for appraisal;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is [the range of recommending sentence] medication, simple possession, etc. (10 to 2 years) and the basic area (10 to 10 months) of the sentence [10-2 years] [the decision of sentence] imprisonment for one year, the suspension of the execution of two years is against the defendant], the number of times the defendant purchased a phiphone and administered the phiphone, the defendant committed a violation of the Act on the Control of Narcotics, etc. on December 2005, and the fact that there was a past record of six months of imprisonment and the suspension of the execution of two years.

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