beta
(영문) 부산지방법원 2016.09.22 2016고단4373

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 June 23, 2016, around 22:00, the Defendant received Metetopop (one philophone; hereinafter “philopopon”), a local mental medicine, from D, Metetopop (one philopon”), and administered them in a way of dilution with water.

2. Around 01:00 on June 24, 2016, the Defendant received ccomponon ccompon 310 from D without compensation, which was administered by means of dilution with water into the Defendant’s spon bucks using a disposable injection machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. Seizure records;

1. Each investigation report (with respect to response to requests and requests for appraisal, response to requests and requests for appraisal);

1. Application of Acts and subordinate statutes to investigation report (verification of transaction price of phiphonephonephones);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to 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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The scope of the final sentence according to the aggravated punishment for which no person exists in the basic area (the scope of the recommended punishment) of the crimes No. 1 [the scope of the punishment] for the sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of the punishment] for the crimes No. 2 (the scope of the recommended punishment) for which the basic area of the crimes No. 3 (the scope of the recommended punishment from October to 2), including medication and simple possession, etc. (the scope of the recommended punishment) for the crimes of No. 3 (the range of the recommended punishment to 10 months to 2 years) for the basic area (the person subject to special sentencing] for the punishment of the proviso to Article 67 of the Act on the Control of Narcotics, etc.