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(영문) 부산지방법원 2016.08.11 2016고단3364
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten 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

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

1. On May 1, 2016, at around 19:00, the Defendant administered narcotics, etc. in the form of 0.03g grancing the meconcule (i.e., one philopon; hereinafter “philopon”), which is a local mental medicine, in possession of which the Defendant was issued by a person in an influenction from his name.

2. On June 22, 2016, the Defendant administered narcotics, etc. at around 01:30, by inserting approximately 0.03g gopon to the call.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes notifying the result of appraisal;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to 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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The scope of the final sentence based on the aggravated punishment for which there are no types 2 (the scope of the recommended punishment) in the basic area (10 to 2 years) of the crimes falling under Category 3 (10 to 3) of the Act on the Control of Narcotics, Etc. for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Additional Collection of Narcotics, Etc. (the scope of the recommended punishment) [10 to 2 years] of the basic area (10 months to 2 years of the recommended punishment] of the basic area (10 to 3 years of the special sentencing] of the following crimes (10 to 3 years of the recommended punishment] of the basic area (the person subject to special sentencing] of the following crimes: October to 3 [the decision of sentence] of the same kind; the fact that the case related to a simple medication is a matter related to a simple medication; and the fact that all the crimes are led to confession and confession, etc.

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