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(영문) 부산지방법원 2017.12.22 2016고단8563 (1)

특수상해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for three 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, around December 11, 2016, the Defendant injected phiphones by inserting approximately 0.03g of philopon into two for a single-use popon with B at the Mour (mutual insect) located in the Busan Northern-dong, Busan, and then dilution them with water, and then injection them into their arms.

Summary of Evidence

1. A written investigation of the suspect against the defendant, a written investigation of the suspect, a partial amnesty against B, and a written investigation of the suspect to the public prosecutor (the part corresponding to the above criminal facts);

1. Application of the Acts and subordinate statutes governing a written appraisal and a price list for narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3 of the Act on the Selection and Management of Narcotics, Etc., and Article 30 of the Criminal Act ( punished by imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 10 months to 10 years), including the following facts: (a) the basic area (10 months to 2 years) of types 3 (referring to 10 months to 10 months to 10 years); (b) the fact that there is no previous conviction exceeding the same kind or fine; and (c) the fact that the person is a single medication, etc., considered as prescribed in Article 51 of the Criminal Act.