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(영문) 부산지방법원 2014.02.07 2013고단8750
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 of the final judgment.

Reasons

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to imprisonment for two years with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of a group, deadly weapon, etc.) at the Busan District Court, and is not a person handling narcotics on the 24th of the same month.

On August 21, 2013, the Defendant administered approximately 0.05 g of psychotropic drugs in the guest room at the 2nd floor of the Domotong-gu Busan, Busan, in a manner of drinking to beer, approximately 0.05g of psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Written expert opinions (written results);

1. Each investigation report (the State and each State replys to the results of hydro testing and assessment, and the calculation of additional collection charges);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, and the choice of imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act (the fact that there is no previous conviction of the same kind, confession and reflect) of the suspended execution;

1. Probation under Article 62-2 of the Criminal Act;

1. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;

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