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(영문) 부산지방법원 2015.05.15 2014고단10158
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. On November 1, 2014, the Defendant, at the Defendant’s house located in Geum-gu, Busan (hereinafter “Liphone”), 0.1g of approximately 0.1g of psychotropic drugs, in a single-use injection machine, and in a mixture of water, administered narcotics, etc., after putting about 0.1g of psychotropic drugs, in a single-use injection machine.

2. Even if the Defendant is not a narcotics handler, at around 01:00 to 02:00 on November 2, 2014, the Defendant injected approximately 0.05g opphones into a single-use injection machine at the same place as Paragraph 1, and injected them into a dead-pact blood pipe, mixing them with water, and immediately injected approximately 0.05g opphones in the same place at the same time and administered them twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Notification of the results of appraisal of narcotics, response to requests for appraisal, and application of the statutes on seizure records;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (with no record of the same kind of crime since 1998; simple medication of the crime

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

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

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