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(영문) 부산지방법원 2017.01.24 2016고단7958
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 three 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 December 8, 2016, the Defendant kept approximately 0.2g of the plastic phone in the D coffee shop located in Busan, Busan, on December 8, 2016, approximately 0.31g of the main mental medicine-related mert clopon (one philopon; hereinafter “philopon”) in the wall, and carried approximately 0.31g of the total philopon in the E-ray car located in the vicinity of the said coffee shop.

2. Around November 2016, the Defendant, who violated the Narcotics Control Act (marijujus), parked in the vicinity of the main entrance of the city in Busan, Seo-gu, Busan, and smoked marijuana in such a manner as to put the marith in the pipe for smoking, and to inhale the smoke by attaching the marith to the marith.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. An appraisal report and a criminal investigation report (the result of the appraisal of narcotics and the result of the urinal appraisal);

1. Seizure records;

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), and Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Selection and Management of Narcotics, Etc., and Selection of Imprisonment with prison labor for a crime;

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. Protection and observation, community service, and order to attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) of the Criminal Act;

1. Two types of crimes for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] under Article 2 of the Act on the Medicationing and Simple Possession, etc., for which no basic area (10 to 2 years) (10 to 3 years) exists. (The scope of recommended punishment] under Article 67 of the Act on the Control of Narcotics, Etc.

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