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(영문) 부산지방법원 동부지원 2017.10.12 2017고단1686
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is not a narcotics handler.

A. On May 16, 2017, at around 07:00, the Defendant administered Mebamin (one philophone, hereinafter referred to as “copon”) of the Defendant’s home, using a disposable injection device, approximately 0.07g of Mebamin (one philophone, hereinafter referred to as “popon”).

B. The Defendant 1 administered approximately 0.07 g opphones at the same place as the above 1-A at around 13:00 on the same day as the above 1-A at the same place.

(c)

Around 23:50 on the same day as the above paragraph 1-A, Defendant 1 administered approximately 0.07 ghon in the same manner as the above paragraph 1-A at the same place.

2. On May 17, 2017, the Defendant affected the residence of the victim by: (a) 02:05 on the administration of phiphonephones, and reporting the fighting to the police in his/her own residence; (b) the police officer dispatched upon receipt of a report, and the 119 first-aid crew members forced the Defendant to enter the Defendant’s house in order to prevent the Defendant from marizing from the third floor window; and (c) by entering the victim’s residence beyond the gathering of the neighboring victim C, a neighbor.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to the country and the results of appraisal of the party against whom the action is raised), an investigation report (additional imposition);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment, Etc. (each point of philophone medication), Article 319 (1) of the Criminal Act (one point of intrusion upon residence) and Article 319 (1) of the Criminal Act ( selection of imprisonment with prison labor);

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. Protection and observation, orders to attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;

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

1. The order of provisional payment;

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