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(영문) 부산지방법원 서부지원 2018.10.02 2018고단1104

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 13, 2017, the Defendant: (a) at a guest room where it is difficult to find out the heading room of the telecom with no knowledge of the trade name located in the Suwon-si, Suwon-si; (b) the Defendant administered the injection in a way that, by dilution the non-fluor’s and its injection into a single-use injection machine, the meconium (i.e., one philopon; hereinafter “philopon”) which is a primary mental medicine; and (c) the meconium’s meconcilization into the meconculor’s and its injection machine directly into the meconculum.

2. On August 2017, the Defendant: (a) committed a crime in the middle of August 2017, at a guest room where it is impossible to find out the heading of “Durine” located in Busan YY-gu, Busan; (b) the Defendant injected B with water in a single-use injection machine and directly injected the durine and its injection machine into the durine and the durine.

3. On November 3, 2017, the Defendant committed a crime at around November 3, 2017, at the home of the Defendant’s house located in the 101 Sin-gu building of Busan Sin-gu E, Busan around November 3, 2017, melting the volume of phiphones into water for a single-use injection and administered them in a way of injection into the sprink.

4. On November 5, 2017, the Defendant, at the home of the above Defendant around November 5, 2017, administered philophones in the same manner as the above paragraph 3.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect B of the police; and

1. Each report on investigation;

1. Each protocol of seizure;

1. Notification of the results of legal and chemical appraisal, and application of each request for appraisal-related statute;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1, 2, or 3 crimes (the scope of recommendations), medication, simple possession, etc.;