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(영문) 부산지방법원 2013.04.18 2012고단9998

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 2009, the Defendant received approximately 0.03g of psychotropic drugs from C, a psychotropic drug, in the vicinity of Busan Jin-gu B elementary school, and received them.

2. At around 23:00 on December 31, 201, the Defendant received approximately 0.03 gramopon from E, which is contained in a single-use injection machine, within the guest room where it is impossible to know the seat room of Busan High-gu Busan High-gu D.

3. The Defendant, using a disposable injection device containing approximately 0.03g of oponphones at the time, time, and place as mentioned in the foregoing paragraph 2, administered the divers in such a way as to divers into one’s arms and divers into one’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused (includingC statements);

1. Statement by the prosecution against C;

1. Copy of the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports (referring to attachment of the same type of judgment, investigation of the current market price of mert cancers, etc.);

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

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 suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) appears to be against the defendant, and considering all the circumstances, such as the background, means, methods, and recovery of the crime of this case)

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

1. It is so decided as per Disposition for not less than the proviso of Article 67 of the Act on the Control of Narcotics, etc.;