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(영문) 광주지방법원 2017.03.23 2016고단5698
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled Metepha (copon, hereinafter “copon”) which is a local mental medicine as follows.

1. On Nov. 1, 2015, the Defendant committed the first police officer, on Nov. 201, 2015, administered the Defendant, in a manner that makes it difficult for the Defendant to open approximately 1g of philopon to a gambling place along with B from the mutual influence inside the trade scopic telephones located in Sin-si, Sin Young-si.

2. On November 2015, the Defendant: (a) received approximately 1g philopon from D parking lots located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) around that time, the Defendant sent approximately 1g of the said philopon to a gambling place at F-Si, Seosan-gun; and (c) administered the said philopon in a way of almating, using a flacop, by promptly raising about 1g of the said philopon at F-Si, Seosan-gun; and (d) using a flacop.

3. On May 2016, the Defendant committed a crime in the middle of May 2016, which was administered in a way of spreading approximately 0.3g of philopon to the gambling room with B at the trade in the trade influoric telephone, which was opened in the middle of May 2016.

4. On June 2016, the Defendant: (a) was administered in a manner that makes it difficult for the Defendant to open approximately 0.3g g of philopon with B from a mutual influorial telephone at the beginning of the early 2016, which was 0.3g of philopon to a gambling place; and (b) the postponement arising from heating.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made by the prosecution against B;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to an investigation report (report on the calculation of additional collection charges);

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for criminal facts and the Selection of Punishment, and Article 30 of the Criminal Act do not stipulate “Article 30 of the Criminal Act” in the legal column applied to the indictment under Article 30 of the Criminal Act but appears to have been omitted by mistake.

(D) medication, receipt, and delivery of philophones: Provided, That Article 30 of the Criminal Code is limited to the crime of conspiracy) and the choice of imprisonment, respectively.

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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