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(영문) 부산지방법원 서부지원 2017.04.26 2017고단95
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On December 3, 2016, the Defendant injected approximately 0.03 grams of Mepta (one philopon; hereinafter “philopon”) purchased from D at the Defendant’s home located in Seo-gu Busan, Seo-gu, by dilutioning approximately 0.03g of mecopic mental medicine (one philopon; hereinafter “philopon”), using a disposable injection device for injection to his left arms.

2. On December 4, 2016, around 19:00, the Defendant filed a lawsuit by inserting approximately 0.55 grams purchased from D in Vinylphone E in a way that the Defendant stored approximately 0.55 grams in his/her plasticphone in his/her plastic bags.

3. On March 21, 2017, the Defendant injected approximately 0.03g of philopon purchased from D at the Defendant’s home as set forth in paragraph (1) by dilutioning 0.03g of philopon into aquatic water, and by placing it into his left arms using a disposable injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Investigation report (in response to a request for appraisal - a narcotic appraisal report);

1. Documents and investigation reports as at the time of inspection of dyspine simple reagents (a photograph of dyspines);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of an additional collection charge);

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 Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (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 suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The scope of sentencing under the main sentence of Article 67 of the Act on the Management of Narcotics, etc. subject to Additional Collection, the reason for sentencing [the scope of sentencing under the sentencing guidelines] 1 to 15 years [the scope of sentencing under the sentencing guidelines] - the mitigation area (from June to June 1) (the scope of punishment under item (b) and (c)) - Special mitigation person: June to two years [the scope of final sentence due to the increase of multiple crimes] 6 months from June to February 9 [the decision of sentence] although the defendant was sentenced to the same punishment for the same crime on April 9, 1996, 200.

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