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(영문) 부산지방법원 2015.01.30 2014고단9701
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 3, 2014, around 23:00, the Defendant: (a) put about 0.05g of psychotropic drugs in a marine c in a single-use injection machine; (b) injected narcotics into the left blood room in a single-use injection machine; and (c) injected them with water.

2. Even if the Defendant is not a narcotics handler, the Defendant provided E with approximately 0.05g of phiphonephones without compensation to enable E to administer phiphones, at the same time, at the same place as paragraph 1, and at the same time and place as paragraph 1, and received narcotics.

3. Even if the Defendant is not a narcotics handler, around 10:00, around December 1, 2014, the Defendant administered narcotics, etc. after injection of approximately 0.05 gopon 0.05 gopon, in the same manner as the statement in paragraph (1).

4. Even if the Defendant is not a narcotics handler, on December 1, 2014, at the same place as Paragraph 3, around 17:10 on December 1, 2014, the Defendant possessed narcotics, etc., putting 0.38 grams on his/her customer.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of a protocol of police interrogation regarding E;

1. Records of seizure and the list of seizure;

1. Notification of the report on the urine test, the report on the results of narcotics appraisal;

1. Report on investigation (report on calculation of additional collection charges), and application of Acts and subordinate statutes concerning the monthly trend of narcotics;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor

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. Article 62 (1) of the Criminal Act;

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

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the amount of penphones possessed by the defendant who has repeatedly committed a crime is unfavorable to the point that it reaches 0.38g.

However, the defendant is subject to punishment heavier than that of the same criminal record or fine.

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