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(영문) 부산지방법원 2018.05.18 2017고단3590
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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.

[2017 Highest 3590; hereinafter “3590”) around March 17, 2017, the Defendant administered a philopon in a manner that 0.03gh (one philopon; hereinafter “philopon”) of the Melopon, a local mental medicine, in the D adjacent toilets located in Busan Young-gu C, Busan High-do.

[2017 Highest 5697; hereinafter “5697”) of the Act on the Control of Narcotics, Etc., the Defendant, around 09:30 on September 3, 2017, 2017, administered phiphonephones by inserting the volume of phiphones ( considerable to 1 time medication) into a single-use injection machine, dilution it with water, and dilution it with the blood of arms.

Summary of Evidence

[3590]

1. Statement by the defendant in court;

1. Part concerning violation of the Narcotics Control Act in the search and seizure protocol and list, each photograph and image output (including drawings), appraisal report, investigation report (hereinafter referred to as the “investigation Report”) and the secret transaction price list [5697]

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the record of seizure and the list of seizure (number 2, 3) , each injection machine/cinematographic output, appraisal document, investigation report (net 14), application of the Acts and subordinate statutes on the price list of narcotics, etc.;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by 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. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. [3590] 10,000 won + [5697] 10,000 won / [the scope of the recommended punishment] The grounds for sentencing [the scope of the punishment] / the scope of the final sentence according to multiple aggravated crimes in the basic area (10 months to 2 years] (10 months from 10 months to 2 years): The juvenile protective disposition was issued as a violation of the Act on the Control of Harmful Chemicals, when the defendant is a juvenile before 20 years.

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