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(영문) 부산지방법원 2018.07.11 2018고단1407
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for 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

At around 10:10 on March 8, 2018, the Defendant: (a) put approximately 0.08 grams of Metepopa (one penphone; hereinafter “phiopaphone”) which is a local mental medicine medicine in plastic box; (b) carried approximately 0.03 grams of phiopa 0.11g in plastic bags by inserting approximately 0.03 grams in plastic bags; and (c) carrying approximately 0.1g of phiopa copa copher in plastic bags.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Seizure records;

1. Each photograph;

1. Application of the statutes of the response request for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to observe the protection under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 67 of the Act on the Control of Confiscated Narcotics, Etc. (the scope of a recommended punishment) is [the case where a person who has been specially mitigated takes part in the crime or in the motive for the crime] [the case where a person who has been involved in the crime is a special mitigated person]] In this case, if there are special reasons for taking into account the motive for the crime (the case where a single act is a single act by a self-defense ] The defendant is deemed to possess a penphone of a quantity that can be administered several times, and is choice of imprisonment in light of the fact that the defendant is highly harmful to society due to the addiction of the phiphonephones, the effect of decilation, etc.

However, there are favorable circumstances for the defendant, such as the fact that the defendant did not have the same criminal history, did not administer the same kind of crime, and reflects his mistake.

In the above sentencing criteria and circumstances, the sentencing of this case, including the defendant's age, sex, environment, etc., shall be determined as ordered by taking into account various circumstances that are the conditions for the sentencing of this case.

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