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(영문) 부산지방법원 2015.11.19 2015고단6373
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 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 August 21, 2015, around 21:00, the Defendant provided approximately 0.3g of psychotropic drugs, which are psychotropic drugs contained in a single-use injection machine, to D, under Article 302 of the Gyeongnam-si Building C, Yangnam-si, the Defendant’s residence, free of charge.

2. On August 21, 2015, at around 22:00, the Defendant injected approximately 0.03 grams with water at the above Defendant’s residence, and administered phiphones by means of injecting the Defendant’s arms with a single-use injection device.

3. From September 12, 2015, the Defendant

9. Until December 13, 190, the Defendant administered approximately 0.03 gramphones in the above way at the dwelling of the above Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the D substitute part);

1. A certified copy of a protocol concerning suspect examination of D;

1. Seizure records;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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

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

1. For the reason of sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc., the second crime that has no basic area (1 to 2 years) (1 to 2 years) of Types 2 (the scope of recommendations), including the sale, purchase, brokerage, etc. of 3 (the scope of recommendations), the basic area (10 to 2 years) of medication, simple possession, etc. (10 to 2 years) of types 3 (the scope of recommendations), the basic area (10 to 2 years), including medication, simple possession, etc.) of types 3 (the scope of recommendations), the basic area (10 to 2 years) of the Act on the Control of Narcotics, etc. (10 to 2 years) of the Act on the Control of Narcotics, etc., and the scope of final sentence according to the aggravation of multiple crimes (1 to 38 years (the decision on sentence of sentence of 1 to 38 years) of the Act on the Control of Narcotics, etc., and each of the crimes in this case.

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