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(영문) 전주지방법원 2013.03.14 2013고단419
마약류관리에관한법률위반(향정)
Text

Defendant

C Imprisonment with prison labor of April, imprisonment with prison labor of 8 months, and imprisonment with prison labor of 10 months.

except that this shall not apply.

Reasons

Punishment of the crime

[2012 Highest 3300]

1. Defendant K is not a person handling narcotics.

Defendant

K in collusion with C, J, and I, on January 2012, K administered only once in a manner of inhaleing smokes caused by the opening of the said body, in the room of adult product stores located in Si/Gu, Jung-gu, Sin-Eup, by inserting approximately 0.03 g of psychotropic drugs in favor of psychotropic drugs c.0.03 g.

[2013 Highest 419]

2. The Defendants are not authorized to handle narcotics.

At around 22:00 on May 20, 201, the Defendants conspired to put about one-time medication in the opon inhales room in the mutual influenites room located in Chinese danger and injury, put about approximately 0.03 g of opon into the opon inhales inhaled body, and inhaled smokes caused by the heat inside the said body.

Summary of Evidence

[2012 Highest 3300]

1. Defendant K’s legal statement

1. Copy of the protocol of examination of suspect to the J prosecutor;

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

1. Defendants’ respective legal statements

1. The current status of requests for appraisal, reports by individual and immigration;

1. Application of Acts and subordinate statutes to a report on investigation (report on the market price of phiphonephones);

1. Defendants: Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter “former Act on the Control of Narcotics, Etc.”) and Articles 60(1)3, and 4(1), and 2 subparag. 4(b) of the Criminal Act, Article 30 of the Criminal Act, and each choice of imprisonment with labor.

1. Defendant K from among concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant V and K under suspended execution: Article 62 (1) of each Criminal Act ( considered favorable circumstances, such as the confession of and reflect against the crime, and the absence of any record of punishment for the same kind of crime);

1. The Defendants are additionally collected: 10,000 won, which is the price for one-time medication from Defendant C and V under the proviso of Article 67 of the former Narcotics Control Act, and the price for two-time medication from Defendant K.

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