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(영문) 부산지방법원 2016.06.02 2016고단1714
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, the Defendant treated narcotics as follows:

1. On February 20, 2016, around 18:10, the Defendant purchased and sold a disposable injection device for approximately KRW 0.05g, which is a local mental medicine, from E (the indictment of detention on March 17, 2016) in front of the D pharmacy located in Suwon-gu Busan, and from E (the indictment of detention on March 17, 2016), from approximately KRW 0.05g of the Mesophical medicine.

2. On March 2016, the Defendant administered narcotics, etc. at around 21:00, at the Defendant’s residence located in the Busan Suwon-gu F, by burning approximately 0.05g of philophones into beer, in a manner of drinking in beer.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police suspect interrogation protocol regarding E;

1. Seizure records;

1. Application of Acts and subordinate statutes to notification of the result of legal and chemical appraisal;

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by 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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. For the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., the scope of final sentence pursuant to the number of crimes subject to medication, simple possession, etc. [the scope of recommending punishment] under Article 67 (proviso) of the Act on the Control of Narcotics, Etc., and Article 67 that there is no person subject to special sentencing [the scope of recommending punishment] under Article 2 of the Act on the Control of Narcotics, etc. [the scope of recommending punishment] under Article 2 of the Act on the Control of Narcotics, etc. [the scope of final sentence pursuant to the number of crimes subject to medication, simple possession, etc. or the number of crimes subject to aggravated punishment] under Article 67: From October to February 9 [the decision of sentence] under Article 207 of the Framework Act on the Control of Narcotics, etc., the fact that there is no same kind of power after 207, the fact that the case is a simple medication-related case, and the fact that both of the crimes are led to confession, etc.

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