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(영문) 부산지방법원 서부지원 2018.11.20 2018고단1577
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 2018, the Defendant, at the Defendant’s house located in Seo-gu Busan, administered Mebacule (one philopopon; hereinafter referred to as a “philopon”) with a method of dilutioning approximately 0.03g (one philopon) of the Mebacs, which is a primary mental medicine, into one’s own meculosis by using a disposable injection device.

2. On February 20, 2018, at around 02:00, the Defendant administered approximately 0.03 grams (one-time medication) from the Defendant’s home, using a disposable injection device, in a manner of dilutioning 0.03gopon into scopic scopic scopic scopic scopic scopic scopic scopics.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Each appraisal report and each narcotics appraisal report;

1. Application of the Acts and subordinate statutes, which is a photograph, urine inspector;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 and 2 (the crime of violation of the Act on the Control of Narcotics, Etc. by the opon medication) and the basic area (one month to two years) (the person subject to special sentencing) of the 3 types, including the medication, simple possession, etc.

(b) The scope of final sentence due to the aggravation of multiple offenses: Ten months to three years; and

2. The fact that social harm caused by the handling of narcotics, etc. by the determination of the sentence requires strict punishment. The crime of this case is that the defendant administered phiphones twice, and the nature of the crime is not good in light of the frequency of the crime, etc., and the phiphone ingredients were detected from the mother of the defendant.

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