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(영문) 부산지방법원 2014.05.22 2014고단2730
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 26, 2014, the Defendant: (a) around 22:00, placed about 0.05g of the DNA conference 206, located in Busan Dong-dong C, and psychotropic drugs, etc., were administered by inserting approximately 0.05g of psychotropic drugs, psychotropic drugs, in a single-use injection machine, mixing them with water; and (b) administering narcotics, etc., in a way of injecting them into the left bloodline.

2. Although the Defendant is not a narcotics handler, on March 27, 2014, at around 01:30, the Defendant delivered approximately 0.03 grams of philopon to E without compensation at the same place as described in paragraph 1, and received narcotics.

3. Even if the Defendant is not a narcotics handler, on March 27, 2014, around 16:20, the Defendant carried a multiple-use injection machine with approximately 0.4g of philopon in Glopon located in Glopon F in Busan Dong-gu, Busan, and carried a multiple-use medication.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Copy of a protocol of police interrogation regarding E;

1. Police seizure records;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Photographs (goods seized, degree of medication, etc.);

1. Application of Acts and subordinate statutes to report on investigation (such as photographing photographs of seized articles);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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) shall take into account all the circumstances, such as the fact that the defendant has no record of punishment for

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of community service orders;

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

1. It shall be judged as ordered for the reason that the collection is not less than the market price of the 100,000 won under the proviso of Article 67 of the Act on the Control of Narcotics, etc. (on the basis of the market price of one-time medication and delivery

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