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(영문) 부산지방법원 2013.10.24 2013고단4561
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for a term of one year and two 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.

1. On December 2, 2012, the Defendant: (a) received 800,000 won from the room in the Ecomcom Dozine Do; (b) received approximately 0.1 gram of psychotropic drug Meteptopian (hereinafter “diphone”); (c) around 23:30 of the same day, at the Defendant’s office in Seopo-si, Seopopo-si, 203, put approximately 0.05 gramopon into a one-time injection machine; and (d) injected it into the left bloodline after dilutioning it with a living water.

2. At around 16:00 on June 10, 2013, the Defendant put about approximately 0.05 gramphones into a single-use injection machine at the Defendant’s office located in Seopopopo City G 203, and dilution with aquatic products, and administered them in a way of injecting into the left neck.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Police suspect interrogation protocol regarding F;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Currency details;

1. Photographs (vehicle, residence, etc.);

1. Application of Acts and subordinate statutes to investigation reports (specific on part of philophones, body medication, etc.);

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) has no record of being punished for the same crime until now since the criminal was punished for the crime related to narcotics, etc. on or around 2002, and all circumstances such as the background, means,

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

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

1. It shall be decided as ordered for the reason that the Act on the Control of Narcotics, etc. (100,000 won x 2) has been administered once or more; and

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