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(영문) 광주지방법원 2016.04.08 2016고단425
마약류관리에관한법률위반(향정)
Text

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

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. Around June 18, 2015, the Defendant: (a) placed approximately 0.05g of Mephere car parked in D Park in Gyeongcheon-si, Gyeongcheon-si; (b) Mephere car, which was parked in D Park in Gyeongcheon-si; (c) put about approximately 0.05g of Mephere, a primary mental medicine, into a single-use injection machine; and (d) melted the Defendant’s arms with water for injection.

2. On June 18, 2015, the Defendant: (a) inserted approximately 0.05g opon-phone into a single-use injection machine around Gyeongcheon-si F around the new wall around 18, 2015; and (b) melted the Defendant’s arms into the Defendant’s arms.

3. On June 18, 2015, around 14:00, the Defendant: (a) inserted approximately 0.05 grams into a single-use injection machine located in Sacheon-si H; and (b) melted the Defendant’s arms with water; and (c) injected the Defendant’s arms.

4. On June 19, 2015, the Defendant received approximately 0.15 grams from E in front of the Defendant’s “K main store” operated by the J of Sacheon-si, Sacheon-si, Gyeongcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. A response to each request for appraisal and a written appraisal;

1. Application of investigation reports, and statutes governing the prices of narcotics transaction;

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 (or Selection of Imprisonment with prison labor);

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 stay of execution. Article 62 (1) of the Criminal Act on the condition that the following sentencing is favorable;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The defendant's reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., is against his/her wrongness, and he/she is expected not to repeat the crime in the future after closing his/her amusement center.

The details and frequency of the medication of this case, and other ages and characters of the defendant.

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