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(영문) 부산지방법원 2014.05.23 2014고단2530

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 of the final judgment.

Reasons

Punishment of the crime

Defendant is not a person handling narcotics.

1. Around 23:00 on January 2, 2014, the Defendant administered narcotics, etc. by inserting approximately 0.03g of psychotropic drugs at the Defendant’s house located in Busan B/Dong B/Dong B/Dong 204, and mixing them with water, at the Defendant’s house, using psychotropic drugs to put about approximately 0.03g of psychotropic drugs in a single-use injection machine, and then injecting them into the blood department to the right arms.

2. On February 18, 2014, at around 01:00, the Defendant administered narcotics, etc. by injecting phiphones in the same manner as indicated in paragraph (1) at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D;

1. Notification of communications data, photographs of medication, notification of the results of appraisal of narcotics, and replys to requests for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (related to the calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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 (with no record of punishment for the same kind of crime since 2001, detention of the defendant entails excessive difficulty for his dependants, his mistake in depth and reflects it, and other circumstances);

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

1. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;