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(영문) 광주지방법원 2015.12.23 2015고단3348
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

A disposable injection machine (No. 1) seized shall be confiscated.

Defendant Han-gu et al.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Points of giving and receiving philophones;

A. On July 30, 2014, the Defendant received approximately 0.1g of psychotropic drugs, which are psychotropic drugs, from G driving car parked on the road near the main point of “F” located in the Seoul Northern-gu, Gwangju, by taking up approximately 0.1g of Melopon (hereinafter “Melopon”).

B. Around July 24, 2015, the Defendant accepted approximately 0.2 g of J-based philopon from the J-based car parked in the GH I parking lot located in Seo-gu, Seo-gu, Gwangju.

2. Points of the administration of philophones.

A. On August 2014, the Defendant administered approximately 0.1g of philopon at the Defendant’s home located in Gwangju Northern-gu K, 201, and clopon at the lux of the luxon to the luxon.

B. Around July 27, 2015, the Defendant administered approximately 0.1g of philophones at the above Defendant’s house in a way that walphical clocks are sent to alrens.

C. Around August 3, 2015, the Defendant administered approximately 0.1g of philophones at the above Defendant’s house in a way that walphical clocks are sent to alphices.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of L by prosecution;

1. The prosecutor's statement concerning G;

1. Seizure records;

1. Requests for each appraisal;

1. Details of each communication;

1. Application of the photographic Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and Article 60 (1) 2, Article 4 (1) 1 and Article 2

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (one-time surcharge of 100,000 won x three-time medication) are as follows: (a) the circumstances unfavorable to the defendant, such as the fact that the defendant has been subject to multiple criminal punishment for the same kind of crime; (b) the fact that the defendant repents the errors; and (c) the deterioration of the defendant's health seems to have an impact on the crime of this case.

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