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(영문) 부산지방법원 동부지원 2016.12.22 2016고단2366
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. On September 27, 2016, around 22:00, the Defendant received from D a single injection device, one of which is a psychotropic drug, from D, in front of the cbaling place located in Busan Shipping Daegu B, and received a penphone from D, without compensation, for a single injection device with a non-fluence volume.

2. On the same day as the above Paragraph 1 above, the Defendant stopped in front of the place specified in Paragraph 1 above at around 23:00, put about 0.03 g of philopon into a single-use engine in a single-use motor vehicle, dilution with a biocom, and administered philopon in a way of injection on the part of the Defendant’s arms.

3. On September 28, 2016, at around 20:15, the Defendant kept a philopon by holding a single injection device containing approximately 0.2ml containing liquid 0.2ml in which the philopon’s non-copon’s quantity was melted (a total sum of liquid and injection equipment 2.96g), a single injection device (a total sum of 3.26gopon and injection equipment copon’s weight), a single injection device containing approximately 0.05g of philopon’s weight (a total sum of 3.26gopon and injection), and a philopon containing approximately 0.03g of philopon’s copon’s copon.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (as a result of appraisal of seized articles - an appraisal report attached), investigation report (as a result of additional collection);

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure (Evidence records 10, 11 pages);

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 which relevant criminal facts are applicable and for which punishment is selected;

Bags (Selection of Imprisonment)

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Article 51 of the Criminal Act, on the grounds of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., as well as the following circumstances, including the Defendant’s age, character and conduct, environment, motive and circumstance leading to the Defendant to commit each of the instant crimes, and circumstances before and after the commission of the crime.

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