beta
(영문) 부산지방법원 동부지원 2013.10.15 2013고단2320

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 17:00 on February 11, 2013, the Defendant, at D hotel toilets located in Suwon-gu Busan Metropolitan City, stored 0.03g in a single-use injection machine among 0.05g 0.05g, in which the Defendant was in possession, and administered them by means of injection, after inserting 0.03g in a single-use injection machine.

2. On February 11, 2013, at the same place as the preceding paragraph, the Defendant, after having been issued from a person with no name, as described in the preceding paragraph, put 0.02g of the remaining philophones into a single-use injection machine, dilution with bio-biologicals, and administered them in such a way as to inject them into the arms.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (The fact that the person actively cooperates in the investigation, the fact that the person has no record of punishment for the same kind of crime in recent years, and the fact that the person repents wrongness, etc.);

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

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