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(영문) 부산지방법원 2018.07.17 2018고단1511
마약류관리에관한법률위반(향정)등
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

1. The Defendant is not a narcotics handler.

A. On February 26, 2018, around 03:00, the Defendant administered approximately 0.05 grams of Meptiles (one philopon; hereinafter “philopon”) which is a local mental medicine in a single injection period, in a amblopon in which it is impossible to identify the trade name in the amblopon-gun, Mansan-gun, Mansan-gun.

B. On February 27, 2018, around 17:35, the Defendant brought about approximately 0.4 grams at the entrance of the Dotour in Busan East-gu, Busan-dong C, in a single-time injection machine, and brought about a lawsuit by hiding it into his hand.

2. No person who violates the Act on the Control of Narcotics, etc. shall smoke in marijuana;

On February 2, 2018, the Defendant parked in a park located in the Dong-gu, Sinsan-si, Sinsan-si, Sinsan-si, with approximately 0.5g of marijuana 0.5g in the line of the Defendant’s FKan knb, attached a pipe made by gambling, and smoked in a way of smoke.

Summary of Evidence

1. Statement by the defendant in court;

1. Each appraisal report and investigation report (calculated of a surcharge);

1. Application of statutes on seizure records by prosecution;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., and Article 61 (1) 4 and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc., for criminal facts;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of punishment for crimes No. 1] and the basic area of punishment for types No. 3 (b) and simple possession, etc. (3) [the scope of punishment for crimes No. 2] (the scope of punishment recommended for crimes No. 2], such as medication and simple possession, etc. (8 months to June 1).

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