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(영문) 부산지방법원 2018.07.13 2018고단1475
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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.

On December 24, 2017, at around 22:00, the Defendant administered a penphone by mixing it with 0.03g of Melopon (one philopon; hereinafter referred to as “philopon”), which is a local mental medicine, at the Defendant’s house ( Busan Jin-gu B).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on records of seizure and lists of seizure, expert records, investigation reports (14) and cancer transaction prices lists;

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

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of recommendation / simple possession, etc. ] The mitigated area (six months to one year and six months) / [the person who has been specially mitigated] self-denunciation [the sentence] according to the sentencing guidelines / the above sentencing criteria / the number of self-denunciation [the person who has been subject to special mitigation] / the same criminal records as well as the previous criminal records in the 21st century, the fact that there was no previous criminal records for the 21st century, and the fact that the person has been administered once for a simple medication, etc.

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