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(영문) 전주지방법원 2013.08.29 2013고단1360
마약류관리에관한법률위반(향정)
Text

A person shall be punished by imprisonment with prison labor for not less than two months, or by imprisonment for not more than four months with prison labor for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to the suspension of the execution of thief for thief for thief for thief for thief for thief for thief for thief for thief in the Jeonju District Court.

Defendant is not a narcotics handler.

1. The Defendant conspired with C on December 201, 201, put approximately 0.03 g of psychotropic drugs-related Melopon, into a philopon inhaler, which is psychotropic drugs-related Melopon, at the adult product shop operated by D at Sin-Eup, Sin-Eup, and administered once in collusion with C, using approximately 0.03 g of psychotropic drugs-related Melopon inhales, and inhales smokes caused by the opening of the said body.

2. The Defendant conspired with C, around March 16, 2012, administered approximately 0.03g of philopon on E apartment complexes located in China, in the same manner as described in paragraph (1), in collusion with C, around 22:00.

3. Around 18:00 on April 29, 2013, the Defendant administered approximately 0.03g of philopon on one occasion at the Defendant’s house located in f 301 at regular Eup, and f.03g of philopon on a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police against C;

1. Preliminary test report on narcotics, response to requests for appraisal, response to requests for appraisal, and report on the market price of phiphones;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to report attachment of judgment;

1. Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Article 30 of the Criminal Act (which means the administration of phiphones as stated in paragraphs (1) and (2) of the same Article); Articles 60(1)2 and 4(1)1 of the Narcotics Control Act (which means the administration of phiphones as stated in paragraph (3) of the same Article); Articles 60(1)2 and 4(1)1 of the Act on the Control of Narcotics, Etc.; the selection of imprisonment for each

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (any violation of the Act on the Control of Narcotics, etc. (fence) and any theft teacher for whom judgment becomes final and conclusive;

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

1. Matters concerning the management of narcotics in addition to collection;

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