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(영문) 부산지방법원 2015.06.26 2015고단2800

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On May 16, 2015, at around 02:00, the Defendant administered chophones by dilution approximately 0.03 grams of psychotropic drugs (one chophone; hereinafter referred to as “philophones”) with psychotropic drugs in Busan Jin-gu C, Busan, by dilution them into coffees.

2. At around 02:40 on May 16, 2015, the Defendant carried philophones by storing approximately 0.03 grams contained in the Defendant’s bubane 207 in the Defendant’s bubane.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to notify each seizure protocol and the result of legal chemical appraisal;

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;

1. Probation, community service order or order to attend a lecture 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. A suspended sentence of imprisonment shall be imposed on the 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. (Scope of Recommendation), medication, simple possession, etc. (b) and (c)) the basic area (10 to 2) (10 months) (10 to 2 years) of the Act on the Control of Narcotics, etc.; (b) the defendant has no criminal history of the same kind; and (c) the details of the