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(영문) 부산지방법원 2017.01.12 2016고단6271
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 December 2015, the Defendant: (a) inserted approximately 0.08g of Mesofts (one philopon; hereinafter “philopon”) into a single-use injection machine, which is a local mental medicine; and (b) injected into the arms in a single-use injection machine; and (c) injected into the arms.

2. On March 2016, the Defendant administered approximately 0.08g of philophones in the same manner as the preceding paragraph at the same place as a patrolman.

3. On March 28, 2016, the Defendant administered approximately 0.08g of philopon in F, the Defendant’s driving of the Defendant, who stopped in the E-art located in P, Busan, Busan, in the same manner as that of the preceding paragraph, within Cubs car and 0.08g of philopon.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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 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) (2) of the Act on the Control of Narcotics, Etc. for sentencing (10 to 3 years) (2) of the Act on the Control of Narcotics, Etc. for sentencing (10 to 2 years) (2) of the Act on the Control of Narcotics, etc. for 3 (10 months to 2 years) of the basic area (2) of the Act on the Control of Narcotics, etc. for medication, simple possession, etc. (10 to 3 years) of the basic area (2) of the Act on the Control of Narcotics, etc. for sentencing (2) of the Act on the Control of Narcotics, etc. for sentencing) (10 months to 3 (2) of the basic area (2) of the Act on the Control of Narcotics, etc. for sentencing) (10 to 2 years of the final sentencing) (3) of the Act on the Control of Narcotics, etc.

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