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(영문) 부산지방법원 2014.07.25 2014고단3962
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On February 01, 2014, at the end of 01:00, the Defendant received psychotropic drugs, etc. from F without compensation, and received narcotics, etc., from F, from the Meditopian (hereinafter “Handphone”).

2. The Defendant received narcotics, etc. by delivering the quantity of a medication once out of the penphones delivered as stated in paragraph 1 to F without compensation, within the time limit set forth in paragraph 1, for F to administer phiphones.

3. The Defendant, at the time and time set forth in paragraph 1, administered narcotics in such a manner that F puts the medication quantity once in a single-use injection machine from among phiphones as set out in paragraph 1, and in such a manner as to injects the Defendant’s left bloodline into the Defendant’s left bloodline.

4. On March 1, 2014, the Defendant: (a) 02:00, around early 02:00, administered narcotics, etc. in a manner of inserting the quantity of a medication once in a single-use injection machine; (b) mixing the substance with the water in a single-use injection machine; and (c) administering narcotics, etc. in a way of injecting the substance into the bloodline of the left arms.

5. At around 02:00 on March 29, 2014, the Defendant administered narcotics, etc. in the same manner as paragraph (4).

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a protocol of suspect examination of the police against F;

1. Additional return for a request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of any record of punishment for the same kind of crime since 2001, detention of the accused entails excessive difficulty for his dependants, his mistake in depth and reflects, etc.);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Management of narcotics, etc. additionally collected;

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