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(영문) 부산지방법원 2017.06.16 2017고단2355
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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.

1. The Defendant of the joint philopon medication with C, in commemoration of C’s release from prison life as a crime of violation of the Narcotics Control Act (flavoring), decided to administer the Melopon, which is a native mental medicine (hereinafter “philopon”).

On September 27, 2016, the Defendant conspired with C in collusion with C, put about 0.05g of philophones into two for a single-use injection machine, and dilution with water respectively, and administered philophones in a way of injection with each of the following arms.

2. Medication of sole philophones;

A. On September 27, 2016, on September 27, 2016, the Defendant administered philophones by inserting approximately 0.05g of philophones into a single-use injection machine at the Defendant’s house (D, 6 Dong 201, Busan), clophones into a single-use injection machine, dilution them with water, and administering philophones in a way of injection into the arms.

B. On April 24, 2017, the Defendant, at around 03:00 on April 24, 2017, administered phiphones by inserting approximately 0.05g of philophones into a single-use injection instrument at the above Defendant’s home, and dilution them with water, and in the way of injection into the arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the public prosecutor with regard to C;

1. Application of Acts and subordinate statutes to a record of seizure and a list of seizure, a written appraisal, an investigation report (17 times a year), and a monthly trend of narcotics (2 February 2017);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, Article 30 of the Act on the Selection and Management of Narcotics, etc. for Criminal Facts, and Selection 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. The proviso to Article 67 of the Narcotics Control Act;

1. Three types of crimes (the scope of recommended punishment), including medication and simple possession (the scope of recommended punishment), on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment (Article 334(1) of the Criminal Procedure Act, are aggravated (one year to three years).

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