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(영문) 부산지방법원 2016.07.12 2015고단4660

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, the Defendant’s house located in Busan, Seo-gu, Busan, and 102 around May 5, 2015, and the Memopon, which is a local mental medicine, (hereinafter “Memopon”).

A summary 0.05g was put in a disposable injection machine and mixed with water, and then administered narcotics, etc. after being injected to the left bloodline.

2. Although the Defendant is not a narcotics handler, on June 12, 2015, the Defendant injected approximately 0.05 grams of philopon at the same place as indicated in paragraph 1 at around 19:00 and administered narcotics, etc. in the same manner.

3. Although the Defendant is not a narcotics handler, on June 13, 2015, the Defendant injected approximately 0.05 grams of philopon at the same place as indicated in paragraph 1 at around 19:00 and administered narcotics, etc.

4. Although the Defendant is not a narcotics handler, on June 16, 2015, the Defendant injected approximately 0.05 grams of philopon at the same place as indicated in paragraph 1 at around 15:00 and administered narcotics, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of legal and chemical appraisal and reply to a request for appraisal;

1. Seizure records;

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

1. Selection of a punishment for a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, or selection of a punishment for a crime under Article 60 (1) 3 (b);

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. The execution of a sentence shall be suspended on condition of protection, observation, etc., taking into account the following: (a) the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of a recommended sentence] (the scope of a recommended sentence] medication and simple possession, etc.; (b) the basic area (the period between October and two years) (the period from 10 to 2 years); (c) there is no person who has any special criminal history for the defendant [the decision of sentencing]; (d) there is no criminal history for the defendant; (e) the details of the