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(영문) 부산지방법원 2012.10.12 2012고단6243
마약류관리에관한법률위반(향정)등
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

The defendant is not a person handling narcotics.

1. At around 20:00 on July 27, 2012, the Defendant administered phiphones by inserting approximately 0.03 g of psychotropic drugs in a single-use clock and mixing them with water on the left side at the toilet of the first floor of the building of the Busan East-gu, Busan. The Defendant administered phiphones by inserting approximately 0.03g of psychotropic drugs.

2. On July 28, 2012, around 22:00, the Defendant smoked marijuana by inserting the marith in tobacco pipes from the Defendant’s house of 506, Busan East-gu, Busan, into the pipe of tobacco and attaching a fire to the smoke.

3. At around 17:50 on July 29, 2012, the Defendant carried marijuana in a way that sets approximately 0.1g of marijuana on his/her client’s home for the purpose of smoking at the home of the above Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of each appraisal result (public prosecutor's office's office's scientific investigation officer);

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (calculated of a surcharge and an additional surcharge for marijuana);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) of the Narcotics Control Act (in the case of the smoking of marijuana), Article 61 (1) 4 (b) and Article 3 of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (b) and Article 3 subparagraph 10 (b) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (b) of the Act on the Control of Narcotics,

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 (Confession and reflect) of the suspended execution;

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

1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Narcotics Control Act;

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