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(영문) 부산지방법원 2017.06.15 2016고단7729

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

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

1. On August 31, 2016, the Defendant administered a philophone by inserting approximately 0.03g of Mesofts (one philoopopon; hereinafter “philoopon”), which is a local mental medicine, into a single-use injection machine, and dilution with water, at the Dotopopon’s hold located in Busan Y-gu, Busan Y-gu.

2. The Defendant, at around 20:20 on the same day, 106 Motel E located in Busanjin-gu, Busan, 1006 Mophones, 2 of a single-use injection machine, dilutions with water, 0.03 grophones, and 2 of the injection devices are stored on the part of the beter and cremation unit, 0.05 g of a penphones on one of the other for a single-use injection instrument, 0.23 g of a rophonephones on the paper, and 0.34 g of a rophones in a way that the rophones and paper are concealed on the part of the rogate, respectively.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Police seizure records;

1. A written appraisal of each drug;

1. The application of Acts and subordinate statutes to the investigation report (hereinafter referred to as the “investigation Report”);

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. The first crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act (amended by Act No. 10 to 2) without the basic area (10 months to 2 years) (the scope of recommended punishment) (the scope of recommended punishment) of the second crime [the scope of recommended punishment] of the basic area (10 months to 2 years), such as medication and simple possession (the person subject to special sentencing] (10 months to 3 years) of the basic area (the scope of recommended punishment] of the third category (b) of the punishment, and the scope of the final sentence according to the aggravated punishment: 10 months to 3 years (the sentence shall be sentenced).