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(영문) 창원지방법원 밀양지원 2013.07.25 2013고단275

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

except that the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Around March 15, 2011, the Defendant, at the home space of the D, Jinnam-gun C Apartment 101, 704, 101, 101, 201, injected water into the Defendant’s arms after dilution with approximately 0.03g of psychotropic drugs in a single-use injection machine, and administering it in a way of injection into the Defendant’s arms.

2. On November 2012, 2012, the Defendant, at the place specified in paragraph 1, 201 as a first-use patrol officer, dilutiond with approximately 0.03 g of psychotropic drugs, and injected them into the Defendant’s arms.

3. On November 26, 2012, the Defendant, at the places indicated in paragraph (1), injected psychotropic drugs into the Defendant’s arms, dilution with approximately 0.03g of psychotropic drugs, and administered them by means of injecting them into the Defendant’s arms.

4. Around January 14, 2013, the Defendant purchased one injection machine containing approximately 0.3g of psychotropic drugs from D, in the vicinity of the Gannam-gun C apartment guard room, Gannam-gun, to one million won.

5. On March 22, 2013, the Defendant, at the Fel in Kimhae-si, Mazine E, psychotropic drugs for the first time, dilution with approximately 0.03g of psychotropic drugs, and administered them in a way of injection to the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D;

1. Requests for appraisal;

1. Investigation report (report on the confirmation of market price of phiphonephones);

1. Application of statutes on details of financial transactions;

1. Articles 60 (1) 3 and 4 (1) and 2 subparagraph 4 (b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) concerning criminal facts;

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;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;