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Reasons
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(영문) 부산지방법원 동부지원 2015.04.29 2014고단1943
마약류관리에관한법률위반(향정)등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Defendant is not a narcotics handler.

1. On July 19, 2014, around 19:00, the Defendant administered at the guest rooms located in the Damo Domo-gu Busan Metropolitan City, for injection, in a way of dilutioning approximately 0.03 grams of philophones with water, with the E and F, for injection into his arms, at the guest rooms located in the Domo-gu, Busan Metropolitan City;

2. Medication, on November 1, 2014, around 18:00, by means of drinking in the water at the defendant's residence located in the Southern-gu G building 719, Nam-gu, Busan, by a means of throwing the sonphone into the water;

3.In early December 2014, at around 19:00, administered by means of drinking in water the volume of philopon 719 of the G Building, on the first 19:00;

4. On December 2014, at around 20:00, the 20:0 square meters of philophones administered by means of drinking in water.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Application of Acts and subordinate statutes on the request for appraisal, notification of the results of narcotics appraisal, and application of the Act and subordinate statutes on the request for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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 (i.e., the reflection of the suspension of execution and the absence of the same criminal records);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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