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(영문) 부산지방법원 2014.03.28 2014고단274

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On September 24, 2013, at around 01:00, the Defendant: (a) inserted approximately 0.03g of psychotropic drugs in a single-use injection machine; (b) injected them into the psychotropic drugs; and (c) injected them into the psychotropic drugs in a single-use injection machine; and (d) injected them by injecting them.

2. On September 26, 2013, the Defendant, at around 02:00, administered approximately 0.03 g of philopon in a single-use injection machine, dilution with bio-velopon, and administered it in a way of injecting it into the acquired spopher.

3. On September 27, 2013, at around 13:45, the Defendant: (a) put approximately 0.5g of philophones contained in a single-use injection machine in a color box; and (b) carried them on a book box.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Results of a summary reagents test, reports on the results of the preliminary test of narcotics, photographs related to the seizure of chophonephones at the suspect's residence, requests for appraisal, reports on requests for appraisal, appraisal, report on chographs and reports on chographs, and reports on cho

1. Application of Acts and subordinate statutes to each investigation report (No. 16,29) (Evidence List No. 16,29);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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 (including the fact that there exists no record of punishment for the crime of the same kind and the punishment for the suspension of execution, the fact that social ties are evident, and the fact that one's mistake is deeply divided and reflected, etc.);

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

1. It shall be decided as per Disposition on the grounds of Article 67 or more of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;