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(영문) 광주지방법원 2016.11.24 2016고단4448
마약류관리에관한법률위반(향정)
Text

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

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. On May 13, 2016, the Defendant administered psychotropic drugs, in D located in Gwangju Mine-gu, by inserting approximately 0.04g of psychotropic drugs, into the glass pipe, and using the crophone inhalers, the smoke generated by heating 0.04g of psychotropic drugs.

2. On July 23, 2016, the Defendant purchased approximately 0.16 grams from E at E’s house located in the F Studio 105, Gwangju Mine-gu, and purchased approximately 0.16 grams from E for 200,000 won.

3. On July 30, 2016, the Defendant administered a smoke generated by inserting approximately 0.08g of philopon into a glass room in Gwangju Mine-gu G 3 studio (one name H, I, and J) and heating the philopon into a glass room, using a philopthon inhaler.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. A report on investigation (calculated additional charges);

1. Cancer prices of narcotics;

1. Application of statutes on field photographs;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, the scope of final sentence due to the mitigation area (8 months to one year), the mitigation area (8 months to one year), the mitigation area (8 months to one year and six months), the mitigation area (8 months to one year and six months), the mitigation area (8 months to one year and one year, etc.) (the special mitigation), the mitigation area (8 months to one year and one year and six months): 10 months to nine months [Pronouncement] the defendant did not have domestic criminal records, and is contrary to his/her mistake.

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