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(영문) 부산지방법원 2016.01.07 2015고단6724

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

1. Even if the Defendant is not a narcotics handler, at around 20:00 the end of May 2015, at the house of Busan Young-gu, and D’s house located in 202 dong 1606, the Defendant is a mecopon, which is a local mental medicine (hereinafter “philopon”).

Marit narcotics have been administered in a coffee.

2. Although the Defendant is not a narcotics handler, on June 23, 2015, at the Defendant’s house located in Busan Youngdo E apartment and the Defendant’s house located in 206 dong 102, the philophone’s non-phone’s dose were administered in coffees.

Summary of Evidence

1. Statement by the defendant in court;

1. A certified copy of a protocol concerning suspect examination of D;

1. Seizure records;

1. Application of the additional response statute requested 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. under the relevant Act on criminal facts;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. For the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., the following shall be taken into account: The first crime [the scope of the recommended punishment] under the basic area of the third types (10 to 2 years) of the Act on the Control of Narcotics, Etc. (the scope of the recommended punishment] (10 to 2 years) of the basic area of the third types (2) of the Act on the Control of Narcotics, etc. (10 to 3 years), including the medication and simple possession (2 years) (the scope of the recommended punishment) (10 to 3 years), and the final scope of the sentence due to the aggravated punishment for which there is no special person [the person subject to sentencing]: October to 3 years (the decision of sentence]; the fact that the sentence appears to be a simple medication case; and the fact that each of the crimes of this case is seriously against each of the crimes of this case, etc.