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(영문) 광주지방법원 2015.06.25 2015고단1643
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. Receipt of Handphones;

A. On November 16, 2014, the Defendant received a disposable injection device with approximately 0.03g of psychotropic drugs from E, in front of the “Ding” in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju.

B. On April 16, 2015, the Defendant received two disposable injection equipment with approximately 0.03 ghopon at the place indicated in the foregoing new wall “A” from the Defendant.

2. Medication of phiphones.

A. On November 16, 2014, the Defendant administered DNA 0.03ghon in the Seo-gu Seo-gu Seoul Special Metropolitan City, and administered approximately 0.03gon in the way of drinking to beer.

B. On April 16, 2015, the Defendant administered approximately 0.03g of philophones in a single-use injection method with the place indicated in the foregoing new wall “A” at the location indicated in the same paragraph, and in a single-use injection method.

C. At around 05:00 on May 3, 2015, the Defendant administered approximately 0.03g of philophones in the place indicated in the foregoing paragraph “A” by means of injection with disposable injection equipment.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (in relation to the verification of a suspect A's two arms, reporting on the market price of phiphones);

1. Response to the request for appraisal;

1. Application of each statute of examination of evidence;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

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. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. (the value of 300,000 won for 3-time popon for medication); and

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is a serious crime that may have a great impact on society and thus requires strict punishment.

However, the defendant has no criminal record of the same kind;

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