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(영문) 부산지방법원 2020.06.18 2020고단1165

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, but a person handling narcotics, and is not a person handling narcotics, but a person handling narcotics, etc., shall not receive or administer a Mebacopon (hereinafter referred to as "mancopon").

1. At around 20:00 on November 21, 2019, the Defendant accepted one part of a one-time injection device with approximately 0.05 g of philopon from the dwellings of Busan Organization B and C, to E.

2. Medication of phiphones.

A. On September 20, 2019, the Defendant, at around 21:00 on September 20, 2019, administered phiphones by means of inserting approximately 0.05g of philophones into one’s arms in a single-use injection machine after dilution of approximately 0.05g of philophones into one’s arms.

B. On November 21, 2019, the Defendant, at around 20:00 on November 21, 2019, administered a phiphone in a manner of injecting approximately 0.05g of philopon into his arms in a single-use injection machine after dilution of approximately 0.05g of philopon into a single-use injection machine.

C. On February 12, 2020, the Defendant, at around 16:00 on February 12, 2020, administered phiphones by means of inserting approximately 0.05g of philophones into one’s arms in a single-use injection machine after dilution of clophones into one’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect suspect regarding E and D by the prosecution;

1. Investigation report (related to the calculation of additional collection charges);

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

1. Article 60 (1) 2, Article 4 (1) 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. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1: