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(영문) 부산지방법원 2017.01.12 2016고단5668
마약류관리에관한법률위반(향정)
Text

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

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On May 2016, the Defendant: (a) injectedd the Defendant’s residence in Busan East-gu, Busan-gu, by inserting approximately 0.05g of Melopon (one philopon; hereinafter “Melopon”); (b) Melopon (one philopon; hereinafter “Melopon”) into a single-use injection machine; and (c) dilution into the arms.

2. On June 28, 2016, the Defendant administered approximately 0.05g philophones in the above residence, and around 0.05g in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of legal and chemical appraisal and reply to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

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. For the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., the scope of the final sentence due to the aggravated punishment [10 months to 2 years] of the basic area (10 months to 2 years) of the 3 types (10 months to 3 years), the basic area of the 3 types (2 years to 3 (the scope of the recommended punishment) of the 3 types (2 years to 10 months to 2 years), the basic area of the 3 types (2 years to 3) of the 3 types of medication and simple possession, etc. (a person subject to special sentencing] of the 3-year basic area (a person subject to special sentencing] of the 3-year basic area of the 3-year basic area of the 19th sentence: October to 3 years [decision of sentence], the fact that the 3-year basic area of the 19th sentence is a simple medication case

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