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(영문) 부산지방법원 2018.10.17 2018고단3842

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On August 24, 2018, the Defendant carried approximately 0.09g of Melopopon by placing approximately 0.09g of Melopon (one philopon; hereinafter referred to as “philopon”) a local mental drug, in the office of “D” located in the Busan East-gu C and 2nd floor, Busan. In a manner that puts approximately 0.09g of Melopon in a book-to-face column.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Each investigation report (the sequence 6,8,10 of the evidence list);

1. Application of Acts and subordinate statutes on narcotics appraisal;

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

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. Reasons for sentencing under the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. [the scope of recommended punishment] Medicationing and simple possession, etc., taking into account the following factors: (a) there is no person [a person who is subject to special sentencing] [a person who is sentenced for sentencing in 10 months to 2 years] in the basic area (10 months to 3 years); (b) there is no record of the same crime; (c) there is no record of the same crime; and (d) the quantity of philopon carried;