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(영문) 부산지방법원 2017.06.16 2017고단2385
마약류관리에관한법률위반(향정)
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

Defendant is not a narcotics handler.

1. On April 8, 2017, the Defendant, at around 18:00 on April 8, 2017, administered philophones by inserting approximately 0.07 g of Melopon in a single-use injection machine, which is a local mental medicine at the Daejeon male toilet in Daejeon Special Metropolitan City, and in the way of injecting the philopon into the body.

2. On April 15, 2017, the Defendant: (a) injected phiphones; (b) injected approximately 0.07g of phiphones into a single-use injection machine on April 15, 2017 at the same place as before around 18:00; and (c) injected phiphones in a way of injecting them into the arms.

3. On April 24, 2017, the Defendant, on April 24, 2017, administered phiphones by inserting approximately 0.07g of phiphones into a single-use injection machine at the same place as before around 00:00, and dilution them with water, and administering phiphones in a way of injecting them into the arms.

4. The Defendant, at around 08:30 on the same day as in the preceding paragraph, carried a philopon in a method of placing three disposable injection equipment containing approximately 0.07g, approximately 0.04g, approximately 0.06g, and approximately 0.06g, respectively, in a philopon’s clopon’s copon’s copon’s copon.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes of March 2017 of the monthly trend of narcotics, etc., such as protocol of seizure and list of seizure, each photograph, each appraisal report, each investigation report (net 18), and the list of narcotics, etc.;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommended punishment].

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