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(영문) 부산지방법원 2015.10.23 2015고단5255

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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On May 24, 2015, at around 20:00, the Defendant: (a) 200,000 won in cash to D in a vehicle run by the Defendant on the street in front of “New Zealand” located in the Busan YY-dong; (b) approximately 0.2g of the psychotropic drugs, which are psychotropic drugs walked from D, for a paper, in a car with a knife and a knife in a car operated by D.

Accordingly, the defendant purchased approximately 0.2 grams from D in 200,000 won.

2. On May 25, 2015, at around 17:00, the Defendant administered philophones by means of injecting the above 0.2gopon from the ward in Busan B-gu, Busan, the Defendant’s residence into water, with the water, and then injection of the Defendant’s copon into his arms with a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Notification of the results of legal and chemical appraisal and response to requests for appraisal;

1. Seizure records;

1. Investigation report (to attach photographs of D and telephone data to philophone suppliers);

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

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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;

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

1. The execution of imprisonment shall be suspended on condition of probation, taking into account the following factors: (a) the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] medication, simple possession, etc.: (b) the basic area (10 to 2 years) of Types 3 (10 to 2 (10 months) of the Act on the Control of Narcotics, Etc.) [the decision of sentence] (the decision of sentence] that the defendant has five criminal records of the same kind of crime but has not been punished since 2004; (b) the content of the crime is limited to simple medication; (c) the defendant's health