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(영문) 부산지방법원 동부지원 2019.07.24 2019고단595
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

On September 12, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on September 12, 2018, and the said judgment became final and conclusive on September 20, 2018, and is not a person handling narcotics.

1. On August 2013, the Defendant: (a) around 21:00 on the date on August 2013, 2013, entered approximately 0.06g of psychotropic drugs in six for a single-time injection machine; (b) administered chophones by means of injection to the Defendant’s arms in six instances following the bio-vescopon.

2. Around March 2018, the Defendant, on the last day of the year, administered 0.03gopon into the Plaintiff’s arms blood cell around the end of March 2018, by dividing 0.03gopon into two for a single-time injection machine, and then administering copon into two occasions following the life water melting.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Results of inquiry into DNA personal information of the detained suspect;

1. The table for an appraisal request (2018-M-19079) and each table for an appraisal request;

1. A gene appraisal report;

1. 112. List of reported cases;

1. On-site photographs;

1. Existing existence under each of subparagraphs 1 through 6 of this Article; and

1. A report on investigation (calculated additional charges);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a copy of the same type of judgment attached) and other Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant reflects his mistake, and philophones.

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