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(영문) 부산지방법원 2016.04.08 2015고단8883

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 January 1, 2015, the Defendant: (a) in D in Busan, which was operated by B around the middle knife B in Busan, for the purpose of having B d with water cover approximately 0.05 grams of Metepiles (one philopopon; hereinafter “philopon”); and (b) administered philopon in a way that the Defendant spopons were injected with his arms using a disposable injection device.

2. On February 2, 2015, the Defendant administered phiphonephones in a way of dilutioning approximately 0.05 grams from F in Yangnam-si E in which the Defendant was working at the Gyeongnam-si. The Defendant administered phiphones in a way of dilution with coffee.

3. On March 3, 2015, the Defendant administered approximately 0.05 g of philophones in the above-mentioned manner from around the lower am.

4. On April 15, 2015, the Defendant administered chophones in a way that, after having B chophones with water, 0.05 grams of chophones, the Defendant injected chophones with the Defendant’s chophones using a single-use injection device.

5. On June 26, 2015, around 02:00, the Defendant injected approximately 0.05 gopon with water from H 303 popon in Yangnam-si G, and administered copon with a method of injection with the Defendant’s arms incopon with a single-use injection device.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each written reply to appraisal;

1. A report on investigation (a photograph of a Medication country);

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Three types of reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommended punishment), medication, simple possession, etc. (the direction is set).