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(영문) 부산지방법원 2016.08.11 2016고단3451
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On April 1, 2016, the Defendant administered opphonephones by dilution approximately 0.05g of Mesofts (one philopon; hereinafter “philopon”), a local mental medicine, at the Defendant’s residence located in the Young-gu Busan Metropolitan City C and the 1st floor.

2. On June 7, 2016, at around 23:00, the Defendant injected approximately 0.05 grams from a toilet at the above Defendant’s residence with water, and administered phiphones by means of injection with the Defendant’s arms blood transfusion using a disposable injection device.

3. On June 7, 2016, the Defendant administered approximately 0.05 grams in a toilet for the above Defendant’s residence in the foregoing manner.

4. On June 8, 2016, the Defendant kept approximately 0.28g of philophones contained in the white paper in the color room in which the Defendant was holding in front of the above Defendant’s residence.

Accordingly, the defendant possessed approximately 0.28 grams.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the relevant Acts and subordinate statutes to prosecutions (the results of appraisal, such as prosecutions, and the results of maternity appraisal);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and 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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. A second-class crime that has no basic area (10 to 2 years) (2) of the first-class crime (2) of the first-class (2) of the first-class (2) of the first-class (2) of the second-class (3) of the second-class (10 to 2 years) of the Act on the Control of Narcotics, Etc. for reasons of sentencing under the proviso to Article 67 of the Act on the Control of Additional Collection of Narcotics, Etc. [the scope of the recommended punishment] of the third-class (10 months to 2 years) of the basic area (10 months to 3 (2) of the first-class (2) of the first-class (2) of the first-class (2) of the second-class) of the second-class (2) of the second-class (2) of the second-class (2) of the said Act on the medication, simple possession, etc.

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