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(영문) 부산지방법원 2013.10.29 2013고단5961
마약류관리에관한법률위반(향정)등
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On August 27, 2013, the Defendant received KRW 2.50,00 from D, psychotropic drugs, Mebacam (one-name “locopon”; hereinafter “locopon”) from D to Busan bank account in the name of the Defendant, and traded approximately 0.05 g of locopon to D at the front public parking lot located in Busan Shipping Daegu, Busan, around 23:30 on the same day.

2. Around 00:00 on August 28, 2013, the Defendant, who parked in the above public parking lot, put approximately 0.05g of philopon into a single-use injection machine, melted with water in a second-use injection, and injected with the arms in the following arms.

3. On September 3, 2013, the Defendant: (a) cut the tobacco tobacco’s tobacco tobacco’s tobacco tobacco’s tobacco tobacco’s tobacco tobacco’s tobacco tobacco’s tobacco tobacco’s tobacco’s tobacco tobacco’s tobacco’s tobacco’s tobacco’s tobacco’s tobacco’s smoke; and (b) smokeed it by inserting the hemp’s smoke.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Notification of the result of appraisal of narcotics;

1. An explanatory note (convening table - Conspiracies);

1. Application of Acts and subordinate statutes to each investigation report (No. 3, 4, 5, 15, 17, 18, 19, 25)

1. Article 60 (1) 2, Article 4 (1), Article 2 subparagraph 3 (b), Article 61 (1) 4, and Article 61 (1) 10 of the Act on the Management of Narcotics, Etc. and Selection of Type of Punishment for Criminal Crimes; Selection of imprisonment with labor;

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 ( comprehensively considering all circumstances, such as the fact that there is no criminal record of the same kind of punishment or the suspension of execution, the fact that social relationship is evident, the detention of the accused entails excessive difficulty to his dependants, and the fact that the detention is against his/her will);

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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