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(영문) 부산지방법원 2015.05.21 2015고단1876
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

1. Even if the Defendant is not a narcotics handler, the Defendant purchased psychotropic drugs jointly with C in order to administer the psychotropic drugs, and sold narcotics, in collusion with C (the indictment for detention on March 5, 2015) on February 17, 2015, after paying to D the sum of KRW 600,000,000 prepared by the Defendant in the amount of KRW 500,000,000,000,000 prepared by C, in the vicinity of the nuclear IC street located in the Busan Metropolitan Transportation Daegu, Busan Metropolitan City, around February 21, 2015.

2. Even if the Defendant is not a narcotics handler, around March 24, 2015, around 22:00, the Defendant: (a) stored “F” 102 Mophone E located in Busanjin-gu; (b) collected approximately 0.07 gopon in a single-use injection machine; and (c) injected narcotics into the left part of blood, and injected them with water.

3. Although the Defendant is not a narcotics handler, on March 25, 2015, the Defendant injected approximately 0.07 grams in the same manner as written in paragraph 2 at the same place as indicated in paragraph 2, and administered narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect C; and

1. Seizure records;

1. Application of Acts and subordinate statutes as a result of minor accuracy appraisal;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and Article 30 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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

1. Second crimes for which no basic area (10 to 2 years) (10 to 10 years) exists for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. [the scope of recommendations] for medication, simple possession, etc. (10 to 2 years) for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. [the scope of recommendations] for the third crimes for which there is no basic area (10 to 2 years) for medication, simple possession, etc. (10 to 3 (10 to 2 years) for the basic area (10 to 10 years) for sentencing (10 to 10 years) of the Act on the Control of Narcotics,

(i) the item;

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