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(영문) 부산지방법원 2018.07.06 2018고단2323
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

At around 17:00 on May 12, 2018, the Defendant, along with C, put about approximately 0.05g of Metepopa (one philopopon; hereinafter “philopon”), a local mental medicine, into a single injection instrument, and recorded in water, and then the Defendant injected into the left bloodline, and C administered a philopon in a way that the left side ridge is injected into the bloodline.

Accordingly, the Defendant conspired with C to administer philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning interrogation of suspect with respect to C;

1. Application of the Acts and subordinate statutes on the record and list of seizure, each photograph and image output, appraisal document, investigation report (netly 23), and the price list of narcotics, etc.;

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. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

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) / [the scope of the recommended punishment] / Within the scope of the above sentence according to the sentencing guidelines for the basic area (10 months to 2 years) of the Criminal Procedure Act (amended by Act No. 10 months) including medication and simple possession / [the decision of sentence] / The defendant was sentenced to a suspended sentence of 2 years for the same kind of crime in this court on May 7, 2015. The above judgment became final and conclusive on May 15, 2015. Thus, the crime of this case is highly likely to repeat the crime of this case, on the other hand, since the crime of this case was committed in this case even though it became final and conclusive on May 15, 2015.

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