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(영문) 부산지방법원 2016.07.01 2016고단10

마약류관리에관한법률위반(향정)

Text

1. Defendant B shall be punished by imprisonment for ten months;

However, the above defendant for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant B

1. Even if the Defendant is not a narcotics handler, on April 2015, around 23:00, the Defendant placed a part of the hub dust, which includes a part of the balp culp culp (hereinafter referred to as “prophonephone”), which was parked in the front of Kimhae-si, in the E-ASEAN car parked in front of Kimhae-si, and added a balp balp, which is a local mental medicine, and used the balp culp, and then put it into a balp.

2. Even if the Defendant is not a narcotics handler, on May 2015, the Defendant used narcotics in the same manner as described in the foregoing paragraph 1 at the Defendant’s house located in the F. F. 527 of the Busan-gu Busan-do, Busan-do around Busan-do around 21:00.

3. Even if the Defendant is not a narcotics handler, he received narcotics, etc., by delivering part of the hub dust containing philopon ingredients to G at the time, place, and place described in the foregoing paragraph 2.

4. Although the Defendant is not a narcotics handler, around June 2015, the Defendant used narcotics in the same manner as indicated in the foregoing paragraph 2 at around the same time as, around June 21, 2015.

Summary of Evidence

1. Defendant B’s legal statement

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

1. Protocols concerning the examination of suspect with regard to G and protocol of statement;

1. Notification of the results of legal and chemical appraisal (any green leaf), and request for appraisal (B's reproduction);

1. Each protocol of seizure;

1. The application of Acts and subordinate statutes to investigation reports (additional collection related to narcotics) and monthly trend data;

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] Medicationing, simple possession, etc., and there is no person [the person who is subject to special sentencing] in the basic area (10 months to 2 years) (the period from 10 months to 3 years) of the Act on the Control of Narcotics, Etc. (the decision of sentencing] / The defendant has no criminal history of the same kind of crime, and the defendant has his/