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(영문) 부산지방법원 2017.07.14 2017고단2230
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

Defendant is not a narcotics handler.

1. On April 8, 2017, at around 19:00, the Defendant administered a phiphone by inserting approximately 0.07 g of Mepopon, which is a local mental medicine, into a single-use injection machine, and dilution with water and injection with hand, at around 19:00 the Defendant’s residence (Seoul-gu C and 2nd floor).

2. At around 12:50 on April 18, 2017, the Defendant, holding a phiphone, containing approximately 0.07 g of philopon between the instant Defendant’s dwelling room room and a single philopon, containing approximately 0.2ml of liquid volume in which the volume of philopon was dilutiond in water, and carrying a philopon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the record and list of seizure, each photograph and image output, each appraisal document, investigation report (netly 16,23), and the table of price of narcotics, etc.;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by 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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act / [the scope of the recommended punishment / [the scope of the recommended punishment] / the mere possession, etc. of medication and simple possession, etc. / The scope of the final sentence due to the aggravation of multiple offenses (one hundred to two years) [the person who has no special sentencing] / the scope of the sentence according to the aggravation of multiple offenses: 10 months to three years [the sentence decision] according to the sentencing guidelines, the sentence was sentenced to suspended sentence for the same offense in 209; 209; 3. On the other hand, there are many cases that are found to have been administered and carried only once, and the part in possession was voluntarily surrendered, and other matters stipulated in Article 51 of the Criminal Act.

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