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(영문) 광주지방법원 2016.10.20 2016고단3659
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 19, 2016, the Defendant purchased approximately KRW 0.08 g of psychotropic drugs - 200,000,000 from E, a psychotropic drug, in front of the DBing Center in Gwangju Mine-gu.

2. On May 21, 2016, the Defendant administered approximately 0.04g of oponphone in G accommodation located in Gwangju Mine-gu, Gwangju, with a person with no name (one name “H”), in a glass pipe, and administered a smoke generated by heating f.04g of oponphones using a copon inhaler.

3. On June 25, 2016, the Defendant purchased approximately 0.08 galphones from E from Gwangju Mine-gu I, and KRW 200,000.

4. On June 25, 2016, the Defendant administered approximately 0.08 grams at the Defendant’s house located in Gwangju Mine-gu, Gwangju, Gwangju, by using as soon as possible the smoke generated by heating fire, which was made by string down approximately 0.08 grams on a string day, around 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Copy of each protocol of suspect suspect of the police against E;

1. The police seizure record and the list of seizure;

1. Report on investigation (report on the calculation of additional collection charges);

1. Each explanatory note;

1. Requests for each appraisal;

1. Application of Acts and subordinate statutes on cancer prices;

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 the relevant 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. Type 2 of Article 334(1) of the Criminal Procedure Act provides for the reasons for sentencing of Article 334(1) of the provisional payment order: Class 1 of Article 334(1) (the scope of recommendation), medication, simple possession, etc. (10 months to b. (c) and 2 of the basic area (10 months to b. (c)) [the scope of recommendation] that has no basic area (10 months to b. (a) and 2 years to b. (a)].

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