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(영문) 부산지방법원 2017.05.19 2017고단721
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor 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

Defendant is not a narcotics handler.

1. On June 2016, the Defendant: (a) inserted approximately 0.1g of campphones (i.e., a single philopopon; hereinafter “philopon”) purchased from C at the Defendant’s residence (U.S.) in the first place of business (U.S.), into a single-use injection machine; and (b) injected a camopon into a body after dilution with water; and (c) injected the cam.

2. On October 21, 2016, the Defendant administered 0.1g out of 0.33g Handphones purchased from the above C within the F Ra car parked on the street in front of the “E State store” located in Busan Jung-gu, Busan, on October 21, 2016.

3. On October 22, 2016, the Defendant administered approximately 0.1g of phiphonephones purchased in the above-mentioned 2 place of residence of the Defendant around October 22, 2016.

4. On October 24, 2016, the Defendant: (a) at the small room of the Defendant’s residence, the Defendant: (b) taken medication as above at the lower room; (c) 0.13g of philophones left after taking the medication as above; and (d) carried philophones in the bar of the bar.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the protocol of seizure and list of seizure, investigation report (net 3, 5, 13), each photograph/cinematographic output, and appraisal report;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the 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. Protective observation and community service order 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. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendations] / her scope of punishment / her simple possession, etc. 3 types of basic areas (e.g., b., and c).

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