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(영문) 부산지방법원 2018.05.11 2017고단6308
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. Around June 19:30 on June 4, 2016, the Defendant, at the her terminal, administered a copon by inserting approximately 0.03g of copon into a single-use copon, which is a local mental medicine, at the guest room located in the Busan Sho-gu Busan Metropolitan City, (hereinafter “Bcomon”). The Defendant injected a copon by inserting approximately 0.03g of copon into a single-use copon, and dopon into a human body.

2. At home, the Defendant, at around October 16, 2016, administered phiphones by inserting approximately 0.03g of phiphones into a single-use injection machine at his/her home and dilution them with water, and administering phiphones in a way of injecting them into the blood body.

3. On October 16, 2016, the Defendant, holding a penphone in the hotel D, by inserting approximately 0.19g of clophones in the 806 heading room located in Busan Jin-gu, Busan, into the Australian machine located in the 806 heading room in Busan, in order to place approximately 0.19g of clophones in the flopping machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the record and list of seizure, each photograph and image output, appraisal document, investigation report (at least nine times a year), and the price list of narcotics, etc.;

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 grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] : the scope of the final sentence due to the aggravation of multiple offenses in the basic area (10 months to 2 years) of Class 3 (the scope of the recommended punishment) (10 months to 10 months to 3 years: the decision of sentencing) : the crime of this case is considered as prescribed in Article 51 of the Criminal Act, such as the provision of the Act on the Control of Narcotics, Etc. 10 months to 10 months to 3 years (the decision of sentencing).

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