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(영문) 부산지방법원 2018.03.15 2017고단6168
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 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 August 30, 2017, the Defendant put about approximately 0.05 g of Mesofts (one philopopon; hereinafter “philopon”) who are a local mental medicine at the cel located in Yangsan City B, in a single-use injection instrument, and dilution with water, and administered philopon in a way of injecting it into the bloodline.

2. On August 31, 2017, at around 20:56, the Defendant: (a) concealed a disposable injection device containing approximately 0.1g of philopon from 905 heading rooms located in Busan B, the Defendant carried a philopon in a way that 2 a single injection device containing a melting liquid of bitlopon into the bed and scopon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Police seizure records;

1. Application of Acts and subordinate statutes to each appraisal report and narcotics appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment (Appointment 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. Article 62-2 of the Criminal Act on the observation of protection;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);

1. The final sentencing range of Article 334(1) of the Criminal Procedure Act for the sentencing of the first offense [the scope of recommendation] for the sentencing of Article 334(1) of the Criminal Procedure Act, and the second offense for which there is no 3 types (10 months to 2 years) in the basic area (10 months to 3 years) (the scope of recommended punishment] [the scope of recommended punishment] for medication, mere possession, etc. (10 months to 2 years)] for the basic area (10 months to 3 years) for which there is no 3 types (10 months to 3 (the special sentencing person] for multiple aggravated crimes for which there is no 10 months to 3 years (the decision of sentence] for narcotics-related crimes: From 10 to 3 years [the decision of sentence] for narcotics-related crimes are the body and mind of an individual due to addiction to narcotics, decilability, etc.

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