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(영문) 광주지방법원 목포지원 2016.03.25 2016고단128
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 4 through 7 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

No person, other than a handler of narcotics, shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, give or receive, trade, assist in trade of, or provide narcotics or psychotropic drugs, and the defendant is not a handler of narcotics.

1. Medication of phiphones;

A. On February 14, 2016, around 17:00, the Defendant, at the heading room 102, D in Orasan City C, in a 102 air conditioners (one philopon; hereinafter “philopon”), 0.03g of Melopon (one philopon”; hereinafter “philopon”), injectedd with water and administered the melopon to the left arms.

B. On February 15, 2016, at around 05:00, the Defendant injected 0.03g of oponon into water at the place indicated in paragraph 1-A, put it into a scopon into a scopon, and administered it into the left bloodline.

2. On February 15, 2016, around 14:28, the Defendant, at the place indicated in the paragraph (a) of No. 1-28, carried a phiphone into a vinyl 0.29g, and carried a philophone into a vinyl 1, and carried a philophone 0.02g in a philophone 0.02g in a brophone brophone, and put it into a philophone 0.08g in a philophone brophone under the brophone brophone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (the sequence 21, 23, 24 of the evidence list);

1. Each protocol of seizure and each list of seizure;

1. Application of the statutes of the response request for appraisal;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment (the administration of phiphones, the possession of phiphones, and the selection of imprisonment, respectively);

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A crime under paragraphs 1-3: A crime of violation of the Act on the Control of Narcotics, Etc. by medication and possession (the scope of punishment recommended), including medication, simple possession, etc. (b).

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