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(영문) 부산지방법원 2017.12.15 2017고단4785
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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. On March 2017, the Defendant administered a philophone in a way that put approximately 0.03g of Mesophical medicine (one philophone; hereinafter “philophone”) into a biochemical disease and drink together with water at the toilet of the first floor of the office building “C” located in Busan Shodong-gu, Busan, on March 2017.

2. On April 2017, the Defendant administered a scopon in a way that scopon 0.03gh from the Defendant’s residence (Scopon D Apartment 403, 2401, Busan High-gu, Busan High-gu) to the water in a way that scopon scopon scopons into the water.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on records of seizure and the list of seizure, appraisal, investigation report (5) and cancer transaction prices table;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) / [the scope of the recommended sentence] / the mere possession, etc. of medication and simple possession, etc. of the basic area (10 months to 2 years): The scope of the final sentence according to the aggravation of multiple offenses in the basic area (10 months to 3 years): 10 months to 3 years [decision of the sentence]; 10 months to 13 years (decision of the sentence]; 2 times of simple medication; and 51 of the Criminal Act, including the fact that there are no criminal records exceeding the same kind or fine;

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