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(영문) 부산지방법원 2016.12.15 2016고단6717
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 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 October 24, 2016, the Defendant: (a) injected approximately 0.05g of psychotropic drugs in a single-use injection machine; and (b) injected them into arms after inserting approximately 0.05g of psychotropic drugs in a single-use telephone in Busan-dong, Busan-dong; (c) around October 24, 2016.

2. On October 25, 2016, the Defendant administered approximately 0.05 g of philophones in the Mophone, around October 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of legal and chemical appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the selection of a sentence concerning criminal facts, and the selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The range of final sentence due to the mitigation area (6 to 16 months), the mitigation area (6 months to 6 months), the mitigation area (6 months to 6-1 year and 6 months) of the Act on the Control of Narcotics, Etc. [the scope of recommendation] the mitigation area (6-1 year and 16 months), the mitigation area (6-6 months to 6-1 year and 16 months), the mitigation area (6-2 months to 6-2 months] of the Act on the Control of Narcotics, etc.: The punishment shall be determined by taking into account two favorable circumstances, such as the following facts: six-2 years and three months (decision of sentence] of the Act on the Control of Narcotics, etc. and the fact that it seems that the upper vessel is not visible to be concealed as one time medication, and there is no similar power to the unfavorable circumstances, such as the fact that the upper vessel is unlikely to be concealed as one time medication, the fact that it is a simple medication case, and the fact that

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