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(영문) 부산지방법원 2014.05.29 2014고단275

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

1. On October 2, 2013, at around 14:00, the Defendant injected approximately 0.03g of the psychotropic drugs delivered by C from the mutual influence in Busan Northern-gu, Busan, by inserting approximately 0.03g of the psychotropic drugs in a single-use injection instrument, and dilution with the bio-use water, and then administering them in a way of injection into the acquired psychotropic drugs.

2. At around 18:00 on October 2, 2013, the Defendant administered approximately 0.03 gramphones delivered from C at the above place in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to changing the method of administration of phiphones by the defendant);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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 on the stay of execution (All circumstances, such as that the defendant has no record of being punished for the same crime);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of community service orders;

1. It is so decided as per Disposition for the reason that the market price for one-time medication is not less than 100,000 won under the proviso of Article 67 of the Act on the Control of Narcotics, etc.; and