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(영문) 부산지방법원 2017.01.12 2016고단6273
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On May 2016, the Defendant administered cudio 102, the residence of the Defendant, located in Geum-gu, Busan, in the manner of melting approximately 0.05 g of Melopon (one philopon; hereinafter “philopon”).

2. On June 2016, the Defendant administered approximately 0.05g philophones in the same place as that of the preceding paragraph, and administered them in the above manner.

3. On August 2016, the Defendant injected 701 Maurphones located in Busan Dong-gu, Busan, in a single-use injection machine, approximately 0.05 gopon into a single-use injection machine, and in a way of injection into arms after dilution with water.

4. On August 10, 2016, the Defendant placed approximately 0.04g of philophones after medication as referred to in the preceding paragraph in the G police station’s office at Busan F, and placed them in the hand room.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A letter of appraisal of each narcotics (cines, hairs, and seized articles);

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

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. A Class 1 crime for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of a recommendation), medication, simple possession, etc. (the scope of a punishment) in the mitigated area (six months to one year and six months) (the special mitigated person) / [the scope of a recommendation / [the scope of a punishment] the mitigated area (six months to one year and six months) of the mitigated area (the special mitigated person] of Type 3 (the scope of a recommendation / the special mitigated person] of the self-denunciation 3 [the scope of a punishment] of the mitigated area (six months to one year and six months) of the mitigated area (the special mitigated person] of the self-denunciation / [the scope of a recommendation / the scope of a punishment / the special mitigated person] of Type 3 (b) of the mitigated area (one year to six months), including medication, simple possession, etc. (one year and six months).

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