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(영문) 부산지방법원 2015.10.22 2014고단9546

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal Power

1. On August 8, 2014, around 11:00, the Defendant: (a) placed about 0.03g of psychotropic drugs in a lodging room for D workers located in Busan Nam-gu, Busan; (b) stored psychotropic drugs in a single-use injection machine; and (c) injected narcotics into the left bloodline and administered them.

2. Even if the Defendant is not a narcotics handler, around October 15, 2014, around 15:00, the Defendant administered narcotics, etc. by injecting approximately 0.03 grams of phiphonephones in the public toilets outside the retired 55-6 with the resignation of Busan Dongdong-gu on October 15, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Notification of the results of appraisal of narcotics and the report on request for appraisal;

1. Application of each statute on photographs;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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, Article 60 (3) of the Juvenile Act;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. are as follows: Class 1 crime [the scope of a recommendation] 3 (the scope of a sentence ] medication, simple possession, etc. (the items (b) and (c)) of Part 67 of the Act on the Control of Narcotics, etc.) / [the scope of a recommendation / the scope of a sentence ] self-denunciation 2 crime / the scope of a mitigation area (the items (b) and (c) of Part 3 (the scope of a recommendation / the scope of a sentence ] medication, simple possession, etc. / the mitigation area ( June to June to 16) of Part 3 (the scope of a special mitigation) of the mitigation area (the scope of a sentence / the scope of a sentence : June to 203