beta
(영문) 부산지방법원 2015.07.24 2015고단3475

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten 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

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

1. On May 16, 2015, at around 16:00, the Defendant injected approximately 0.05 grams of psychotropic drugs (one-name camphone; hereinafter “camphone”) with water, and administered camphones by means of injecting them into the Defendant’s arms blood transfusion using a single-use injection device.

2. At around 18:00 on May 16, 2015, the Defendant provided D with approximately 0.1g of philophones contained in vinyl 601.

3. On May 17, 2015, at around 04:40, the Defendant possessed a phiphone in a way that keeps a part-time injection device containing approximately 0.09g of philopon in the Defendant’s barine in the detention room of the Busan Jin-dong Busan Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

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

1. Application of Acts and subordinate statutes on seizure records;

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, community service or order to attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. A suspended sentence of imprisonment shall be imposed on the condition of probation, etc. on the grounds of the sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc., on the condition that the defendant has no basic area (10 to 2 years) (10 to 2 years) (the decision of sentence] (the decision of sentence] (the fact that the defendant has no criminal history of the same kind of crime and reflects wrongness).