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(영문) 부산지방법원 2020.04.22 2019고단6367
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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.

1. On April 2019, the Defendant: (a) inserted the propool load of psychotropic drugs into a single-use injection machine at the Busan Jin-gu Busan, Busan, and injected propool on one’s own arms.

2. On June 2019, the Defendant: (a) injectedd the propool non-fol volume at the toilet located in Busan High-gu Busan High-gu, Busan High-gu, for one-time injection; and (b) injected propool on his arms.

3. On June 2019, Habman, in the first floor toilet of the building located in Busan Jin-gu, Busan, the propool was put in a disposable injection machine and administered propool on one’s own arms.

4. On April 2019, the Defendant: (a) inserted propool 10ml in a one-time injection machine in the Busan High-gu GG building in Busan High-gu, Busan High-gu; (b) injected propool in one’s arms; and (c) injected propool in one’s own arms in the same manner tenml in one’s own arms.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Each protocol of seizure;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of the suspect's blood body);

1. Article 61 (1) 5, Article 4 (1) 1, and subparagraph 3 (d) of Article 2 of the Act on the Management of Narcotics, Etc. for Criminal Facts and Selection of Imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the amount of 500,000 square meters which is equivalent to 20ml x 4 times (10ml, total 20ml, which is administered by the defendant provided to H in paragraph (4) of the facts of crime];

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing criteria (the determination of types): 01. Medication, simple possession, etc. (the second category) marijuana, the perfumes;

Items e and e.

The mitigation factors of items, etc. (special-speed persons): the self-denunciation (the recommended area and the scope of recommendations).

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