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(영문) 부산지방법원 2018.09.19 2018고단3416
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler as prescribed by the Narcotics Control Act, the Defendant administered the Metropopopon (one philophone), which is a local mental medicine, twice as follows.

1. On June 6, 2018, around 06:00, the Defendant dices 0.03g of meat to coffee at his own house located in the Youngdo-gu Busan, Busan, about 202-dong 605 of the apartment house 202-dong 205.

2. On July 9, 2018, the Defendant dices 0.2g of mert am to coffee at the above house on July 9, 2018.

Summary of Evidence

1. Statement by the defendant in court;

2. Police seizure records;

3. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in paragraph (2) of the same Article, of which the circumstances are heavier).

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Protection observation and treatment order: Article 62-2 of the Criminal Act; Articles 44-2 and 2-3 of the Medical Care and Custody Act;

5. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (200,000 won = 100,000 won (the amount equivalent to the market price of a dose for a dose once per camscam) x twice).

1. The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: Determination of the types of crimes in violation of the Act on the Control of Narcotics, Etc. (1): - 3 types of narcotics crimes - simple possession of medication, etc. - Special sentencing factors (b) (2) : 3) : Imprisonment with prison labor for a period of 10 months to 2 years (basic areas);

(b) Scope of recommended punishment according to the standards for handling multiple crimes: 10 months to 3 years (the lowest shall be set at the lowest limit of the scope of punishment for basic crimes, and the upper limit shall be set at two years, which is the upper limit of the scope of punishment for basic crimes, plus one-half years, which is the upper limit of the scope of punishment for concurrent crimes (two years));

3. Criteria for suspension of execution;

(a) No major reason:

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