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(영문) 제주지방법원 2013.03.26 2013고단160
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

Notwithstanding that the Defendant is not a person handling narcotics:

1. At early 23:00 on July 2012, inserting approximately 0.03g of a single-use camopon (i.e., a single-use camopon; hereinafter “camopon”), one of the psychotropic drugs, in a single-use injection instrument, melting the life of the Defendant’s arms, and administering camopon by injecting it into the Defendant’s arms, at around 23:00, respectively;

2. On October 2, 2012, in a manner that, around 01:00, in a non-commercial telephone in Sejong Special Self-Governing City, approximately 0.03g of philopon is inserted in a single folding machine, melting the birth water rapidly, and allowing male-child C to injection in the defendant's arms, the philopon is administered;

3. At around 03:00 on October 3, 2012, in a manner that puts 0.03glopon into a single spopon into Sejong Special Self-Governing City’s trade telephone, 0.03glopon into a single spopon, melts promptly living water, and then allows C to inject the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol of examination of suspect C by the prosecution;

1. A copy of the suspect examination protocol of D by the prosecution (second time);

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Articles of the Act on the Control of Narcotics, etc. and the Selection of Punishment for Crimes: Articles 60 (1) 2 and 4 (1) and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc.;

Title, Article 30 of the Criminal Act (crimes No. 2 and 3). Selection of imprisonment with prison labor

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order for probation and education: Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act and Article 59 of the Act on Probation,

1. Additional collection: Recommendations, sentences and scope of sentence on the grounds of sentencing in the proviso of Article 67 of the Narcotics Control Act (the amount of additional collection: 100,000 won per 0.03g price), the group of narcotics crimes, the category 3, the basic field, the standards for processing multiple crimes, imprisonment with prison labor for 10 months - the basic crime in August 3.

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