beta
(영문) 부산지방법원 2016.04.07 2016고단968

마약류관리에관한법률위반(향정)등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Despite the fact that the Defendant violated the Act on the Control of Narcotics, Etc., the Defendant treated narcotics, etc. as follows, although he is not a handler of narcotics:

A. On December 2015, the Defendant administered narcotics, etc. in the manner of inserting the meconthic volume of the Meconthic amba (i.e., one philopopon; hereinafter “philopon”) that was given free of charge by the Defendant’s dwelling in Busan East-gu, Busan-gu, by inserting it into a single-use injection machine and dilution it into water, and then injection into arms.

B. On February 20, 2016, the Defendant administered narcotics, etc. at the “G” head office located in Busan Jin-gu F, Busan, in a manner of burning the volume of philophones in a beer, which was delivered without compensation from “D” from the above sex in the middle of 24:00.

2. On February 28, 2014, the Defendant: (a) around 22:00, the Defendant: (b) had the face of the victim H (the age of forty-three) who was driving the said vehicle under the influence of alcohol, in the vicinity of the east-gu Busan East-dong, located in the vicinity of the Dongdong-gu, Busan-do; and (c) caused the injury to which the victim’s number of days of treatment cannot be identified, by drinking the face of the victim H (the age of forty-three) under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Seizure records;

1. Investigation report (the result of a request for ex officio appraisal);

1. Application of Acts and subordinate statutes concerning investigation reports (related to maternity appraisal);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, and Article 257 (1) of the Criminal Act concerning facts constituting a crime (the choice of imprisonment with prison labor);

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

1. Class 3 (b) of the Act on the Control of Narcotics, Etc. (hereinafter referred to as "the scope of the recommended punishment"), such as medication and simple possession, for the reasons of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;