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(영문) 부산지방법원 2017.01.13 2016고단6368

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 28, 2016, the Defendant administered approximately 0.03 g of Melopon (one philopon; hereinafter “philopon”), a local mental medicine, in the dwelling of the Defendant, located in Busan YY C, in the manner of drinking in the Melopon.

2. Around June 30, 2016, the Defendant possessed narcotics, etc. by placing stroke 4 strokes, which are contained in a white paper, in a stroke 4 strokes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A letter of appraisal of each narcotics (cines, hairs, and seized articles);

1. 112 Report on handling of the reported case, investigation report (verification of the details of hospital treatment and confirmation of whether the medical treatment is prescribed of local mental medicine);

1. Seizure records;

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

1. Articles 60(1)2, 4(1), 2 subparag. 3(b), 61(1)5, 4(1), and 2 subparag. 3(1)3(d), and 61(1) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and the selection of imprisonment, respectively;

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. The scope of the final sentence according to multiple aggravated crimes for which no basic area (the scope of the recommended punishment) is (10 to 2 years) of the Act on the Control of Narcotics, Etc. for sentencing of the proviso to Article 67 (1) 2 of the Act on the Control of Narcotics, Etc. / [the scope of the recommended punishment / 8 months to 1 year / 6 months] of the basic area (2) of the 2 types (8 months to 1 year / 6 months) of the 2 types of medication, simple possession, etc. (2) of the 3 types of crimes (198 years to 198), although the defendant had the history of identical crimes, it has already passed since 198 years to 198, and the content of the crime has already been administered and possessed by a simple person.