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(영문) 부산지방법원 2017.09.21 2016고단6369

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

The Defendant, together with B (Suspension of Prosecution on October 7, 2016), conspired to administer Meteptophographs (one philopon; hereinafter “philopon”), which are a local mental medicine, in collusion with the Defendant to administer the Melopon;

1. On August 8, 2016, around Busan Dong-dong, in a way that B administers phiphones by inserting approximately 0.03 glophones into two single-use popons in two single-use popons, and dilution with water, and then B administers phiphones in one’s arms with the Defendant;

2. On August 10, 2016, in the foregoing manner, administering approximately 0.03 ghon-phones in a dives room located in the Busan East-gu Busan-dong C, and administering them in the foregoing manner:

3. On August 15, 2016, around 701, the Furher’s 701 head office located in Nam-gu Busan metropolitan area E was administered in 0.03 g of philopon in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police on the police;

1. A written appraisal of each drug;

1. Two copies of a written test of urines and photographs; and

1. A criminal investigation report (for example, 17, 18);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of an additional collection charge);

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Crimes, Article 30 of the Criminal Act, the selection of a sentence to imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);

1. Crimes 1 for the reason of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendations] 3 types of crimes (b) in the area of mitigation (six months to one year and six months), such as medication, simple possession, etc. (the scope of recommendations), 3 [the scope of recommendations] in the area of mitigation (the scope of recommendations] in the area of mitigation (6 months to one year and six months), 3 [the person subject to special mitigation] in the area of mitigation (6 months to one year and six months), the area of mitigation (the scope of recommendations] in the area of mitigation (the items (b) and (c) of this item), the scope of punishment] in the area of self-denunciation 3 [the person subject to special mitigation] in the area of self-denunciation (the scope of recommendations] in the area of medication, simple possession, etc.