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(영문) 부산지방법원 2015.05.22 2014고단9631

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Notwithstanding that the Defendant is not a person handling narcotics:

1. On August 20, 2014, around 20:00, the Defendant’s vehicle parked in front of Busan Southern-gu, in a single-use package containing approximately 0.05 grams of psychotropic drugs in the Defendant’s vehicle, in a single-use package, and administering them by means of inserting approximately 0.05g of psychotropic drugs into his left arms and dilution with water;

2. On September 19, 2014, around 20:00, approximately 0.05g of phiphonephonephones were administered in the same way in the public toilets located in the Nam-gu Busan Metropolitan City, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of each seizure protocol and each appraisal report to Acts and subordinate statutes;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration, although the defendant has the same criminal history as the defendant, there is no same criminal history since 2007, the defendant reflects himself/herself and seems to have made efforts to block phiphones

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

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

1. The proviso to Article 67 of the Narcotics Control Act;