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(영문) 부산지방법원 2019.01.09 2018고단4869
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. From around 01:00 on March 2, 2018 to 02:0, the Defendant administered a philophone by inserting approximately 0.03g of psychotropic drugs into a single-use injection machine and melting them into the left part of the bloodline after inserting approximately 0.03g of psychotropic drugs in the guest rooms in the number of "Cmotour" column B of Busan Metropolitan City.

2. On July 1, 2018, around 16:00, the Defendant administered approximately 0.03g of clophones from the guest room in the lake of “Eel” located in Suwon-gu, Busan, in the same manner as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes of the written misunderstanding and the written Maternal Opinion;

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 Acts on criminal facts, and selection of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant was punished three times for the same crime, but he/she again leads to the crime of this case.

However, considering the fact that the defendant seems to have made efforts for the suspension of punishment since the punishment in 2010, the execution of punishment shall be suspended, and it shall be decided as ordered in consideration of the defendant's age, character and behavior, environment, motive and circumstance of the crime, and all other circumstances that form the conditions of sentencing, such as the circumstances after the crime.

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