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(영문) 부산지방법원 2018.04.26 2018고단600
마약류관리에관한법률위반(향정)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 4, 2018, the Defendant: (a) around 23:30 on February 4, 2018, the Defendant: (b) 2018 was administered in a single-use injection machine; (c) 0.03g (1/2 snow volume for a single-use injection machine) at the small room of the Defendant’s residence, which is located in Suwon-gu, Busan, U.S. Cypt C, 201; (d) 0.03g (1/2 snow volume for a single-use injection machine).

around 14:00 on December 29, 2017, the Defendant, “2018 Highest 1345,” put about approximately 0.03 g of mematic drugs into a disposable injection machine, and dilution them with water, and administered them in the way of injection.

Summary of Evidence

"2018 Highest 600"

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records;

1. An explanatory note;

1. Investigative report (calculated of additional collection charges) "2018 highest 1345 ;

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

1. Selection of imprisonment with prison labor chosen;

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 first crime [the scope of the recommended punishment] for the reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the standard of 100,000 won at the market price for one-time medication) : the second crime without a person subject to special sentencing / [the scope of the recommended punishment / the scope of the punishment / the person subject to special sentencing / the person subject to punishment / 10 or 2 years / the person subject to punishment / the three types (b) and 2 years / the person subject to special sentencing / the person subject to special sentencing / the scope of the final sentence following the increase of multiple crimes / [the person subject to special sentencing ...... and (c)] for the purpose of sentencing from October to 3 [the person subject to special sentencing] for narcotics-related crimes due to addiction to narcotics, etc.

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