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(영문) 부산지방법원 동부지원 2014.11.12 2014고단1724
마약류관리에관한법률위반(향정)등
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

1. Despite the fact that the Defendant is not a person handling narcotics, etc., at around 00:40 on July 24, 2014, the Defendant administered 0.03 grams once by dilutioning 0.03 grams purchased from D on July 24, 2014 by the method of injection into the right bewing beer by dilutioning 0.03g of curmotos (one curphone) purchased from D in Busan Southern-gu, Busan (one curmophone).

2. The Defendant damaged property damage, as set forth in paragraph (1), by destroying the Victim E-owned LG Pung machine, 1, sprink, bath, glass attachment, bedclothes, etc., which is kept in the guest rooms and toilets of 607 of the above CM telephones, and then destroying the property equivalent to KRW 486,820 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (the photograph of the result of simple examination of reagents);

1. Written estimate;

1. Application of Acts and subordinate statutes to investigation reports (market reports on narcotics);

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. Article 62 (1) of the Criminal Act (including the cases where he/she commits an error, etc.);

1. Probation, order to attend a lecture or order to provide community service, Article 62-2 of the Criminal Act (which is likely to repeat a crime in light of the same type of crime);

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

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