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(영문) 부산지방법원 2013.11.15 2013고단6768

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On September 13, 2013, between September 23, 2013 and around 00, the Defendant: (a) inserted approximately 0.03g of psychotropic drugs in a single-use injection machine; (b) injected them into a psychotropic drug in a room in which the Defendant was living in the fifth floor of the Diven in Busan-gu C; (c) 0.03g of the psychotropic drugs; and (d) injected them into a single-use injection machine; and (c) injected them into a psychotropic drug.

2. At around 07:00 on October 1, 2013, the Defendant administered approximately 0.02 g of philopon in the above inn, by melting in the water of the radar beverage.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of appraisal of narcotics, a report on the request for appraisal by the South and North Korean countries, a report on the request for appraisal, a report on the request for appraisal, and an appraisal report;

1. Application of Acts and subordinate statutes to each investigation report (related to the calculation of a surcharge as a result of an assessment by the prosecution);

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. 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.;