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(영문) 부산지방법원 2014.08.12 2014고단4712
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On May 12, 2014, at around 22:00, the Defendant administered narcotics, etc. by inserting approximately 0.03g of psychotropic drugs, E, psychotropic drugs, upon request from E, inserting approximately 0.03g of Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopics into the Defendant’s left Melopic body.

2. On May 13, 2014, around 08:00, the Defendant carried narcotics, etc. by setting up one disposable injection machine on the part of the Defendant’s house located in Seo-gu, Busan, Furgara 103, containing approximately 0.08g of philopon.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Photographs, photographs of seized articles, photographs of medication, response to requests for appraisal, and additional replys to requests for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of any record of punishment for the same kind of crime since 1998, and the depth of and reflects his/her mistake);

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

1. It shall be decided as per Disposition on the grounds of Article 67 or more of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;

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