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(영문) 부산지방법원 2013.11.29 2013고단7449

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 February 23, 2013, the Defendant, at the Domoel room located in the Busan Eastdong-gu, Busan, had E, put in a single psychotropic-related psychotropic drug me in a single-time injection machine, melting them with water, and administered them for injection into the Defendant’s arms in the bloodline.

2. Around 22:00 on April 12, 2013, the Defendant administered E with the volume of philopon in the guest room No. 801 located in the Busan East-gu, Busan-gu, by having E in injection in the same manner as the above paragraph 1.

3. On October 12, 2013, at around 03:00, the Defendant injected approximately 0.03 ghopon into the guest room located in Busan Jin-gu G, Busan, for a single-use injection machine, and melted with water, and administered them for arms.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of prosecution concerning I;

1. Each prosecutor's statement concerning E;

1. Notification of the result of appraisal of narcotics, etc. (urinals - Training), and delivery report;

1. Application of Acts and subordinate statutes to each investigation report (No. 6, 8, 23, 24, 26, 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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

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 beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;