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(영문) 부산지방법원 2017.05.19 2017고단1162
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor 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

Defendant is not a narcotics handler.

1. On October 29, 2016, the Defendant administered a scopon in a way that 0.03g of copon to a coffee at around October 29, 2016, at around 20:00, the Defendant administered the copon in the Defendant’s dwelling (S-west C) via a copon to a copon (hereinafter “copon”; hereinafter “copon”).

2. On October 30, 2016, the Defendant administered philopon in a clopon to a coffee on October 30, 2016, around 19:00, around the said Defendant’s residence, approximately 0.03g of philopon to a copon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the investigation report (times 9, 26, 32), photographs, records of seizure and list of seizure, and expert records;

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. Article 62-2 of the Criminal Act on the observation of protection;

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 sentence] / the mere possession, etc. of medication and simple possession, etc.

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