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(영문) 부산지방법원 2018.07.11 2018고단1236
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 1236] On March 16, 2018, the Defendant: (a) placed approximately 0.03 grams of Mempiles (one philopon; hereinafter “philopon”) which is a local mental medicine in the toilet for male in Busan Metropolitan City of the subway Station; (b) put about approximately 0.03g of Memopon into a one-time injection machine; (c) dilution with water; and (d) administered philopon into the left part of the blood.

[2018 Highest 1798] On March 18, 2018, the Defendant smoked marijuana in a way of inserting marijuana in tobacco pipes from 107 Dong-dong 406 around 15:0 to 18, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. An appraisal report and a narcotics appraisal report;

1. Each investigation report (calculated of additional collection charges);

1. Application of the Acts and subordinate statutes governing price lists of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) (a) of Article 2, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (a) (ab) of the Narcotics Control Act on the facts constituting an offense; hereinafter referred to as "culpon medication"); and Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (a) of the same Act on the Control of Narcotics, etc.; hereinafter referred to as "culon medication");

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 scope of the final sentence due to the aggravation of multiple crimes in the basic area (referring to the scope of the recommended punishment) of the type 2 (referring to the category 8, 4, 5, and 5) of the basic area (referring to the scope of the recommended punishment) of the type 3 (referring to items (b), (c), and (c)) of the Act on the Control of Narcotics, Etc. for the Sentencing Sentencing : From October to December 9 (referring to the determination of the sentence), the defendant was not sentenced one time before the suspension of execution due to the same crime, five previous years of imprisonment, and the phonephones and the sources of marijuana that were administered and smoked, and the crime related to narcotics falls under the category 2 of the Act on the Control of Narcotics, etc. :

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