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(영문) 부산지방법원 2013.04.25 2013고단1489
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

1. At around 19:00 on March 5, 2013, the Defendant administered camon medication by inserting approximately 0.03g of psychotropic drugs in a single-use injection machine, and dilution them into his/her cambrode in his/her cambrode, which was parked on the roads adjacent to the CmM5 car of Busan Suwon-gu.

2. On March 6, 2013, the Defendant: (a) around 14:00, the Defendant: (b) was parked in the front way of the FOM5 vehicle located in Busan Shipping Daegu EM; (c) held, on the Defendant’s outer cover, approximately 0.03g of clophonephones in white paper in the Defendant’s outer cover portion; and (d) carried them.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Police seizure records;

1. On-site photographs;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Application of Acts and subordinate statutes to investigation reports (the attachment, etc. of photographs as a result of simplified drug examination);

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

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 (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act appears to be against the crime of this case, and all circumstances, such as the fact that there is no record of recidivism yet after being punished for the same crime around December 196);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of community service orders;

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

1. It shall be decided as ordered for the reason that the Act on the Control of Narcotics, etc. (10,000 won or more at the market price for a dose once in a board) is in excess of the proviso of Article 67; and

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