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(영문) 부산지방법원 동부지원 2018.11.30 2018고단1937
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Defendant is not a narcotics handler.

1. On June 24, 2018, the Defendant, at the office of pro-dong C located in the Nam-gu Busan Metropolitan City, Busan, to administer the Metepop (one philopon; hereinafter referred to as the “Melopon”) with C, which is a local mental medicine, and C contact D with D to seek a philopon, and Dolopon around the same day.

The defendant and C around 21:40 on the same day, around 21:40, around the F hotel next to the F hotel in Busan metropolitan Daegu E, and the defendant and C waiting for the above car, and C was set off from the above car.

D approximately 0.2g of Handphones, and return to the said car and approximately 0.1g of the Defendant were divided into two parts.

The defendant in collusion with C received philophones.

2. On June 24, 2018, at around 22:30, the Defendant: (a) dumped approximately 0.1g of philopon, delivered as prescribed in paragraph 1, into a disposable injection machine, and administered the Defendant’s arms in a way that the Defendant injected it into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to C of a copy of each prosecutor's statement protocol to the prosecution;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Selection and Control of Narcotics, Etc., Article 30 of the Criminal Act concerning the crime, Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (1) of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, and Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., and each decision of imprisonment is made;

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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant himself/herself has been present and led to an investigative agency and has no record of crime exceeding the same kind of crime and fine, and the defendant's age, sex, environment, and this case.

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