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(영문) 부산지방법원 2015.02.13 2014고단9615
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Even if the Defendant is not a narcotics handler, on August 21, 2014, was administered with Ecomher 306, in Ulsan-gu, Nam-gu, by taking into account the conditions met on August 21, 2014, and was administered with psychotropic drugs, by inserting approximately 0.03g of psychotropic drugs, in a single-use injection machine, and inserting approximately 0.03g of psychotropic drugs, into C’s croposis and mixing them with water, and then administering narcotics.

2. Around 05:00 on September 22, 2014, the Defendant: (a) placed HMW vehicles at the G elementary school parking lot located in Busan, Busan, on the part of Busan, and collected approximately 0.05g opphones in a single-use injection machine; and (b) injected narcotics, etc. to the Defendant’s come-of-sale blood line, after mixing them with water.

3. On September 22, 2014, around 15:10 on September 2, 2014, the Defendant, who is not a narcotics handler, carried narcotics by inserting 1.16g of transparent plastic bags and disposable philophones which are divided into a single-use plastic bag and stored in a bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol of suspect examination of the police against C;

1. Records of seizure and the list of seizure;

1. Additional report on a request for appraisal;

1. Report on investigation (calculated additionally), and application of Acts and subordinate statutes concerning the monthly trend of narcotics;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor

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. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

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

1. The fact that there is no criminal record for the defendant for the reason of sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, etc., the circumstances favorable to the defendant, such as the confession and reflecting of a crime, and the frequency of administered phiphones has reached two times, and transfer of phiphone

1. Conditions unfavorable to 16g, etc., and other defendants.

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