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(영문) 부산지방법원 2018.06.26 2018고단1889
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 1, 2017, the Defendant purchased approximately 0.4g 0% of the Mebane 405 Doophone in Busan Dong-gu, Busan and 200,000 won to E, and the Mebane Doophone (hereinafter “Mebphone”).

2. The Defendant, at the same time and place as referred to in the preceding paragraph, injected approximately 0.2g of philophones purchased from E into a single-use injection machine, dilution with water, and administered philophones by means of injection with the Defendant’s arms.

3. On September 15, 2017, at around 20:0, the Defendant administered chophones in a way that 0.2g of chophones remaining after being administered in the Defendant’s house located in the Busan Central-gu Busan Central District, as in the preceding paragraph, on a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol (including copies thereof) with respect to E and G;

1. Application of the statutes of the response request for appraisal;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (the purchase of phiphones and the provision of mephones and the provision of mephones) and the selection of imprisonment for each sentence;

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 proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. A crime of Category 1 [the scope of the recommended punishment] 3 (the scope of the recommended punishment / the scope of the recommended punishment / the scope of the recommended punishment / the mere possession, etc. / [the scope of the recommended punishment / the scope of the punishment / the person subject to special mitigation / [the person subject to special mitigation / 10 to 2] 2 of the basic area (the scope of the recommended punishment / the person subject to special mitigation / the person subject to special sentencing] 3 of the basic area (10 to 2 years) / [the person subject to special sentencing / the person subject to special sentencing / the person subject to recommendation / the scope of the recommended punishment ] 2 of the mitigated area (b) of the mitigation area (8 months to 1 year and 6 months) / [the person subject to special mitigation / the purchase and delivery for the medication / the person subject to special mitigation / the person subject to the recommendation / the person subject to special sentencing].

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