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(영문) 부산지방법원 2016.04.07 2015고단8884

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 a period of 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:

On September 24, 2015, at around 17:00, the Defendant, at the address of the Defendant of Busan Jin-gu B 1, Busan High-gu, 2015, injected philopon by means of having his/her name influorculs (one philopon; hereinafter “philopon”) dilution with water, a local mental medicine, and having the Defendant injection into his/her arms bloodline.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. The application of Acts and subordinate statutes to notification of the results of legal evaluation of chemicals;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2010, Dec. 21, 201; Presidential Decree No. 2010, Feb. 21, 201; Presidential Decree No. 2010, Feb. 21, 201; Presidential Decree No. 2010, Feb. 21, 201; Presidential Decree No. 2010, Feb. 2