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(영문) 부산지방법원 2016.08.25 2016고단3641
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 November 11, 2015, the Defendant purchased and sold narcotics, etc. at approximately KRW 0.4g of 100,000,000, from D, to purchase and sell the Mesofta (i.e., one philopon; hereinafter referred to as “philopon”).

2. On November 13, 2015, the Defendant, around 06:30, administered narcotics, etc. in a way of inserting approximately 0.08g of philopon into a single-use injection machine and dilution with water, and administering them in a way of infecting them into the bloodline, such as spopon hand, etc.

3. On March 2016, the Defendant, around 21:00, administered narcotics, etc. in a way of injecting “G” telephone, 0.04g gopon into a single-use injection machine, dilution it with water, and injection into a spopon finger, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. Seizure records;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of written judgments by philophone suppliers D);

1. Article 60 (3), Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment with prison labor);

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

1. A second-class crime that has no basic area (10 to 2 years) (10 to 3 years) of the Act on the Control of Narcotics, Etc. for sentencing (10 to 2 years) of the Act on the Control of Narcotics, Etc. (2) of the Act on the Control of Narcotics, Etc. (2) of the Act on the Control of Narcotics, Etc. / [the scope of the recommended punishment / 10 to 2 years] of the basic area (10 months to 3 years), such as medication and simple possession (2 years from 10 to 3) of the basic area (2 years from 10) of the Act on the Control of Narcotics, etc. (the scope of recommended punishment / the scope of recommendation / the person subject to special sentencing) of the mitigated area (8 to 1 year and 6 months) of the mitigated area (2 (b) and items (c) and (d), etc.) of the said Act) of the Act on the Control of Narcotics, etc.

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