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(영문) 부산지방법원 2015.12.04 2015고단7030
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 October 10, 2015, the Defendant administered camphones by mixing approximately 0.05g of psychotropic drugs, from 103-dong 109, Busan Young-gu, Busan, the Defendant’s residence, with water, in the form of dilution of approximately 0.05g of psychotropic drugs.

2. On October 17, 2015, the Defendant administered approximately 0.05 grams in the instant Defendant’s residence in the said manner.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Notification of the results of legal and chemical appraisal, response to requests for appraisal, and requests for appraisal (contributed things);

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

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. 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 Management of Confiscated Narcotics;

1. The execution of imprisonment with prison labor shall be suspended on condition of probation, etc., taking into account the following factors: (a) the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (Scope of Recommendation), medication, simple possession, etc.; (b) the basic area (10 to 2) (10 months) (10 to 2 years) of the Act on the Control of Narcotics, Etc.; (c) the decision of sentencing has no criminal history for the defendant;

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