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(영문) 부산지방법원 2014.08.12 2014고단6183
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On July 13, 2014, around 21:00, the Defendant administered 0.03 g of psychotropic drugs at the Defendant’s house located in the Busan Ho-gu C Apartment 116 dong 1505, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Letters of the time of the inspection of urines, simplified reagents and photographs of medication books;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act (including the absence of the record of punishment for the same kind of crime since 2004, the clear social relation, the fact that the person was prosecuted only for a single-time medication of penphones, and the fact that his mistake has been divided in depth and reflected, etc.);

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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