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(영문) 부산지방법원 2016.04.07 2015고단8918
마약류관리에관한법률위반(향정)등
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

1. A violation of the Act on the Control of Narcotics, Etc., even though the Defendant is not a narcotics handler, he/she treated the narcotics as follows:

On October 31, 2015, the Defendant administered philophones by mixing approximately 0.05 grams with water, which is a local mental medicine, at the domicile of the Defendant in Seo-gu, Busan, Seo-gu, Busan, the Defendant administered philophones by dilutioning approximately 0.05 grams into water.

2. On October 31, 2015, the Defendant violated the Act on the Control of Narcotics, Etc. (marijuries) smoked the hemp in a way that reduces the tobacco base of one cigarette at the residence of the said Defendant on a new wall, in which he/she collected, in which he/she did so, and added a fire, in a way that he/she gets smoked.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Notification of the result of legal and chemical appraisal;

1. Application of Acts and subordinate statutes to a response to a request for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts;

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 scope of the final sentence according to multiple aggravated crimes for which no basic area (the scope of the recommended punishment) is (the scope of the recommended punishment) of Class 2 (the scope of the recommended punishment), the basic area of the first-class crime for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of the recommended punishment), including the medication, the mere possession, etc. (the item (b) and (c) of the item (the item (b) and (c) of the item (the item) of the item (the item) of the item (the item (the item) and (e) of the subparagraph (the item (the item) of the subparagraph (the item) of the subparagraph (the item) of the subparagraph (the subparagraph) of the Article 67 of the Act on the Control of Additional Collection of Narcotics, Etc.), including the following facts: From October to February 98 (the decision on the sentence).

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