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(영문) 부산지방법원 2016.04.07 2016고단895

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, around February 17, 2016, the Defendant administered narcotics by inserting approximately 0.05g of Melopon (one philopon; hereinafter “philopon”) into a disposable injection machine and dilution with water, around 303, Busan, Busan, and Melopon (one philopon; hereinafter “philopon”).

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes notifying the results of legal and chemical appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment);

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 to Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2010, Feb. 19, 201; Presidential Decree No. 2010, Feb. 19, 201; Presidential Decree No. 2010, Feb. 21, 201; Presidential Decree No. 2010, Feb. 21, 201; Presidential Decree No. 20135