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(영문) 부산지방법원 2014.11.28 2014고단8406
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 August 9, 2014, around 20:00, the Defendant, at the Defendant’s house located in Busan Jin-gu Btel 619, injected narcotics, etc., after putting psychotropic drugs in a single-use injection machine and mixing them with water, administered narcotics, etc. at the Defendant’s house located in Busan Jin-gu Btel 619.

2. Although the Defendant is not a narcotics handler, on August 10, 2014, at around 01:0, the Defendant administered narcotics by injecting phiphones in the same manner as that of paragraph (1) at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of appraisal of narcotics;

1. Photographs;

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 and the selection of a sentence are applicable to the crime, and the choice of imprisonment for

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 on the stay of execution (The court shall take into account the fact that the defendant makes a confession of and reflects on the crime as the initial offender);

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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