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(영문) 부산지방법원 2018.05.18 2018고단1448

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:

1. Around 23:00 on April 3, 2018, the Defendant administered a scopon medication in a way that in the Defendant’s residence (C Apartment 103 Do 503 Do 103 Do 103 Do Do 103 Do 103 Do 104 Do 100 Do 200 Do 201 Do 200 Do 2014400 Do 200 Do 2014400 Do 200 Do 2012220 Do 20220 Do 2020 Do 202

2. On April 4, 2018, the Defendant, holding a scopon, filed a lawsuit in a way that contains approximately 1.19g of copon in the “E restaurant” located in Busan Dong-gu, Busan, by inserting three copon in the color tag.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the list of seizure and the list of seizure, each photograph and image output (including a text message conversation), investigation report (including a net time 6), appraisal report, investigation report (net time 15), and the Act and subordinate statutes of the table of price of narcotics, etc.

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by 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. Article 48 (1) of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Presidential Decree No. 334(1) / [the scope of the recommended sentence] / the mere possession, etc. of medication and simple possession: The scope of the final sentence according to the aggravation of multiple offenses in the basic area (10 months to 2 years): 10 months to 3 years [Pronouncement Decision] according to the sentencing guidelines, the number of printed phones discovered in possession can be administered as near 40 times, and the number of printed phones discovered in possession is not prosecuted, but it shows that the Defendant purchased electronic lives and sold lives (Evidence record).