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(영문) 부산지방법원 2016.12.09 2016고단5587

마약류관리에관한법률위반(향정)

Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 13, 2016, the Defendants conspired to administer chophones in collusion with the Defendants to administer chophones, and administered them by means of dilution with approximately 0.06 g of psychotropic drugs purchased by Defendant B from a person who is not the person handling narcotics (hereinafter referred to as “chophones”) on a single-use chophones (hereinafter referred to as “chophones”) on the part of approximately 0.03 g of psychotropic drugs purchased by Defendant B from a person who is not the person handling narcotics, and then inject them into their arms.

As a result, the Defendants conspired to administer narcotics.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's protocol of examination of the accused;

1. Notification of the results of each legal chemical appraisal;

1. Investigation report (as a result of the inspection of simplified reagents, parts of the body medication, and photographs of the injection state);

1. Application of Acts and subordinate statutes concerning each investigation report (additional collection);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act concerning criminal facts, the selection of imprisonment, Article 30 of the Criminal Act, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Probation under Article 62-2 of the Criminal Act;

1. The sentence of the proviso of Article 67 of the Act on the Management of Narcotics, Etc. for the purpose of sentencing [the scope of recommendation] 3 types of medication, simple possession, etc. [the person subject to special mitigation] / [the person subject to special mitigation] self-denunciation / [the person subject to special mitigation] / [the decision of sentence] Defendant B does not have the same criminal history in the case of Defendant B, and there is no criminal history of the same kind of crime other than the suspension of indictment once in the case of Defendant A, the contents of the crime are limited to the simple medication, the defendants voluntarily surrenders to commit the crime, and the execution of imprisonment shall be suspended for all the defendants.