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(영문) 부산지방법원 2018.10.24 2018고단3943
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler as prescribed by the Narcotics Control Act, the Defendant administered the Metropopopon (one philophone), which is a local mental medicine, three times as follows.

1. On April 2018, the Defendant put approximately 0.07g of the 705 Mod “D” Modern in Kimhae-si, Kimhae-si, into a single-use injection machine with water, and injected into one’s arms.

2. On August 20, 2018, around 20:30 on August 20, 2018, the Defendant put about approximately 0.07g of Mepta-ro in a single-use injection unit located in F’s house E located in the Gyeong-gun, Chungcheongnam-gun, Gyeongnam-gun, and injected with water for his arms.

3. On August 20, 2018, the Defendant put approximately 0.07g of Meart ambamin in the guest room of “H” Mana City located in G at J on August 20, 2018 with water for a single-use injection device, and injected into his/her arms.

Summary of Evidence

1. Statement by the defendant in court;

2. Police seizure records;

3. Each request for appraisal (including copies of each request for appraisal);

4. Recording records;

5. Each photograph;

6. Application of Acts and subordinate statutes for reporting investigations by prosecutors;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes as provided for in paragraph (3) of the same Article, which is the largest offense).

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Protection observation and treatment order: Article 62-2 of the Criminal Act; Articles 44-2 and 2-3 of the Medical Care and Custody Act;

5. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [The amount to be collected shall be 300,000 won [=10,00 won (amount equivalent to the market price of a dose for a single dose) x 3 times].

1. The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: Determination of the type of violation (i) of the Act on the Control of Narcotics, Etc.; Determination of the type of violation (f) of the Act on the Control of Narcotics, etc.; - class 3 (b) (ii) of the class (f) of the class of narcotics, simple possession of medication, etc. - Special sentencing factors:

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