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(영문) 부산지방법원 2019.06.20 2019고단1131
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

The defendant is not a person handling narcotics.

On December 25, 2018, the Defendant, at around 10:00, injected the psychotropic drugs into a single-use injection machine at the residence located in the Busan Jingu B building C, and injected them with tap water, and then injected them into the arms and el.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Police seizure records;

1. An investigation report (the result of a simple test of mersphographers), a criminal investigation report (the attachment of a philophone scopon photo), a t investigative report (the result of spopon appraisal), and a criminal investigation report (the result of spopon

1. Report on investigation (report on the calculation of additional collection charges);

1. Previous records: Application of criminal records, etc. and investigation reports (report on confirmation before disposition, results of confirmation, and confirmation date of release) Acts and subordinate statutes;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. concerning the Control of Narcotics, etc. of Specific Crimes;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The basic area (10 to 2 years) (10 to 2 years) of the sentencing criteria shall not apply (the scope of recommendation), medication, simple possession, etc.;

2. It is necessary to take a serious measure against the Defendant who had been sentenced to suspension of indictment for the same kind of crime as the sentencing of the sentence. However, it is necessary to impose the sentence like the order in consideration of the Defendant’s age, occupation, etc.

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