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(영문) 창원지방법원 통영지원 2013.11.13 2013고단753
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

The defendant is not a person handling narcotics.

1. At around 15:00 on July 6, 2013, the Defendant injected approximately 0.05g of psychotropic drugs delivered from C, into the Defendant’s house toilets of the Defendant No. 702 of the building B on July 6, 2013, in a single-use injection method, after dilution of psychotropic drugs delivered from C, into the cryposis.

2. At around 12:00 on July 7, 2013, the Defendant administered approximately 0.05 g of psychotropic drugs, in the same place as Paragraph 1, and in the same manner as Paragraph 1, the Defendant administered approximately 0.05 g of psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Related photographs, reports on the preliminary experiment of narcotics, and reports on the request for appraisal;

1. Investigation reports (report on the market price of Mept Apams) and application of Acts and subordinate statutes governing the monthly trends of narcotics;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison 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 (i.e., confession, reflectivity, self-denunciation, cooperation in investigation, cooperation in the same crime, and the fact that there is no record of the same crime and the fact that the person does not repeat again);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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