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(영문) 부산지방법원 2015.03.27 2014고단6151
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 30, 2014, around 18:05, the Defendant, at the Defendant’s house located in D 402 of Busan Jung-gu, Busan, put approximately 0.03g of psychotropic drugs in a single-use injection machine (one-time clopon) and in a mixture of water, administered narcotics, etc. by taking them into the influence of psychotropic drugs.

2. Even if the Defendant is not a narcotics handler, the Defendant administered narcotics, etc. by injecting phiphones in the same manner as in paragraph (1) at the same place as in May 1, 2014.

3. Even if the Defendant is not a narcotics handler, on May 2, 2014, the Defendant administered narcotics by injecting phiphones in the same manner as paragraph (1) at the same place as in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of appraisal of narcotics, and application of statutes on seizure;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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 (excluding the cases of suspension of indictment in 2005, taking into account that there is no record of the same crime except that of suspension of indictment and reflects on it);

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

1. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;

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