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(영문) 부산지방법원 2017.05.19 2017고단1162

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor 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

Defendant is not a narcotics handler.

1. On October 29, 2016, the Defendant administered a scopon in a way that 0.03g of copon to a coffee at around October 29, 2016, at around 20:00, the Defendant administered the copon in the Defendant’s dwelling (S-west C) via a copon to a copon (hereinafter “copon”; hereinafter “copon”).

2. On October 30, 2016, the Defendant administered philopon in a clopon to a coffee on October 30, 2016, around 19:00, around the said Defendant’s residence, approximately 0.03g of philopon to a copon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the investigation report (times 9, 26, 32), photographs, records of seizure and list of seizure, and expert records;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act / [the scope of the recommended sentence] / the mere possession, etc. of medication and simple possession, etc. < Amended by Act No. 3 (10 to 2 years) of the basic area (10 to 3 years) (2 years) of the Criminal Procedure Act / The scope of the final sentence due to the aggravation of multiple crimes: From 10 months to 3 years [10 years [2] according to the sentencing guidelines], the defendant does not have the same criminal record, and the crime of this case is limited to two times of simple medication, taking into account Article 51 of the Criminal Act.