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(영문) 부산지방법원 2014.05.01 2013고단8751
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

Defendant is not a narcotics handler.

On August 28, 2013, at around 01:30, the Defendant administered approximately 0.05g of psychotropic drugs delivered from CPC bank toilets located in Busan Shipping Daegu B, in a way of hanging beer with cPCs (one philopon).

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Police seizure records;

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. Photographs (the result of simplified drug inspection);

1. Application of Acts and subordinate statutes to investigation reports (referring to text messages, etc. that remitted the purchase price of phiphones);

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. Article 62 (1) of the Criminal Act on the stay of execution (All circumstances, such as that the defendant has no record of being punished for the same crime);

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

1. It shall be judged as ordered for the reason of the proviso (10,000 won or more at the market price for one-time medication of phiphonephones) of Article 67 of the Act on the Control of Narcotics, etc.; and

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