beta
(영문) 부산지방법원 동부지원 2014.03.12 2014고단1

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is not a person handling narcotics.

"2014 Highest 1"

1. On August 7, 2013, at around 05:20, the Defendant: (a) carried 0.06gs by dividing psychotropic drugs into 0.03gs, each of 0.03gs in two for a single-time injection engine; and (b) carried them in a way of accompanying the Defendant’s driver’s seat receipt box, etc.

2. On December 15, 2013, around 09:00, the Defendant administered 0.03g of scopon in the “F club” located in Busan Jin-gu, Busan, in a way that can be unloaded in a caner and caner.

"2014 Highest 213"

1. On August 20, 2013, around 09:00, the Defendant administered approximately 0.03g of oponphone in the Busan Jin-gu, Busan, in a way that can be unloaded in a caner.

2. On November 2013, 2013, the Defendant administered approximately 0.03 ghon 0.03g of philophones in the above manner.

Summary of Evidence

1. Defendant's legal statement;

1. Statements made by the criminal defendant in the first protocol of the trial, which fit for such statement;

1. Each interrogation protocol prepared by the prosecution against the accused;

1. Each seizure record prepared by the police;

1. Each appraisal report prepared by the National Research and Investigation Institute of Science and Technology, professional H, I, and J;

1. Application of Acts and subordinate statutes to written appraisal prepared by the Supreme Prosecutors' Office of Science Investigation Officers K, L and M;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (referring to the offense of violation of the Act on the Control of Narcotics, etc., due to the possession of a philopopon with

1. Article 62 (1) of the Criminal Act;

1. Probation 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. Sentencing the proviso of Article 67 of the Narcotics Control Act.