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(영문) 부산지방법원 2016.10.28 2016고단5678

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

On September 6, 2001, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on September 6, 200, and the same criminal records are two times more.

On September 20, 2016, the Defendant, despite the fact that he was not a person handling narcotics, administered 0.03g of approximately 0.03 gram of psychotropic drugs in the tamped field prior to “Dmophone” located in Busan Northern-gu, Busan, with water, and administered phiphones by means of injecting 0.03g of psychotropic drugs with the Defendant’s hand, etc. using a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An appraisal report and an investigation report (the country where the defendant is a victim);

1. Seizure records;

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts, and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

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

1. The execution of imprisonment with prison labor shall be suspended on condition of probation, etc., taking into account the following factors: (a) the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment], (b) and simple possession, etc.; (c) the basic area (10 to 2 years) (10 to 2 years) of the Act on the Control of Narcotics, Etc. [the decision of sentence] (the decision of sentence] that the defendant has no record of having committed the same kind of crime since 201; (b) the details of