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(영문) 창원지방법원 2015.06.04 2015고단279

마약류관리에관한법률위반(향정)

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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

Criminal facts

The defendant is not a person handling narcotics.

1. At around 22:00 on June 4, 2014, the Defendant provided D with approximately 0.03g of psychotropic drugs for a single-use-use-use-use-use-use-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-based-use-based-

2. At the time and place set forth in paragraph 1, the Defendant administered approximately 0.03g of phiphonephones by inserting them into a single-use injection machine, melting them with bio-ves, and administering them into the right arms after injection.

3. On July 9, 2014, around 00:45, the Defendant provided D’s house, in the street room near Kimhae-si, D’s house, and D with approximately 0.03g of opphones for one-time use.

4. At around 05:00 on July 9, 2014, the Defendant administered approximately 0.03 g of phiphones at the home of the above Defendant, in a single-use injection machine, and administered them by means of injecting 0.03g of philophones to the right arms following the bio-use melting.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Seizure records;

1. Each request for appraisal, each report on appraisal, and each report on appraisal;

1. Application of Acts and subordinate statutes to a report on investigation;

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

1. Selection of each sentence 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. Class 1 crime for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2010, Aug. 2, 2011) for the reason of sentencing: Class 2 (amended by Presidential Decree No. 2010, Jun. 2, 2011) (amended by Presidential Decree No. 2010, Jun. 2, 201) for the mitigation area (amended by Presidential Decree No. 2010, Aug. 2, 2011) (amended by Presidential Decree No. 2010, Jun. 2, 2011) for the purpose of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2020, Aug. 2, 2011) for the purpose of sentencing; Presidential Decree No. 2020, Feb. 3, 2011>