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(영문) 부산지방법원 2015.12.03 2015고단6327
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

1. Around 20:00 on June 21, 2015, the Defendant purchased approximately 4.03 grams from D’s house located in Nam-gu Busan Metropolitan City C, and purchased approximately 1.30,000 g of psychotropic drugs Mesophs (hereinafter “Handphones”) from D, and administered narcotics, etc. by inserting approximately 0.03gg of them in a single-use injection machine and mixing them with water to the left bloodline.

2. Even if the Defendant is not a narcotics handler, around 19:00 on June 23, 2015, at the home of the Defendant’s house located in 104 dong 301, Busan-gun E Apartment 104 dong 301, the Defendant purchased and administered approximately 0.03g of philophonephones in the same manner as described in paragraph (1), and administered narcotics, etc., in a way as described in paragraph (1).

3. Although the Defendant is not a narcotics handler, the Defendant carried narcotics, etc. by distributed and keeping approximately 3.97gg of the remaining load of the penphone, as described in paragraph 2, at the time and place specified in paragraph 2, and purchased in paragraph 1, at the bottom of the cremation, cooling house, and so on.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Seizure records;

1. Application of the Acts and subordinate statutes notifying the results of legal and chemical appraisal;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The second crime for which no basic area (10 to 2 years) (10 to 10) of types 3 (10 to 2) of the Act on the Control of Narcotics, Etc. (10 to 2) of the Act on the Control of Narcotics, Etc. (10 to 2) of the Act on the Control of Narcotics, Etc. for the Sentencing for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [the scope of recommendations] of medication, simple possession, etc. (10 to 2 years) of the basic area (10 to 10 years) of medication, 3 (2 (2 (b) and (c) of the Act on the Control of Narcotics, etc.) of the Act on the Sentencing of Narcotics,

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