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(영문) 부산지방법원 2013.09.12 2013고단2012
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

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. At around 02:00 on January 24, 2013, the Defendant administered camon medication by inserting approximately 0.03g of psychotropic drugs into a single cam-cam-cam-cam-cam-cam and then inserting them into the Defendant’s camp-cam-cam in the front side of the Bank located in the Geum-gu Busan Metropolitan Government.

2. Smoking of hemp plants:

A. At around 03:00 on January 24, 2013, the Defendant, at the same place as the above 1. Paragraph (1) of the same Article, smoked in a way of smoking by inserting the fluor in a pipe of tobacco manufactured by clocking, and attaching a fluor.

B. At around 10:00 on January 28, 2013, the Defendant, at the Defendant’s house located in Busan Shipping Daegu E, putting the hemp in a pipe of tobacco made of clock, and smokeed in such a way as to avoid smoking by attaching a fire.

3. Around January 28, 2013, the Defendant, holding the hemp plant, carried 1.34 grams in a glass container for the purpose of smoking at the home of the said Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

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

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Application of Acts and subordinate statutes to investigation reports (Attachment, etc. of photographs of seized articles);

1. Smoking of relevant laws or phiphones for facts constituting the crime: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc.: Articles 61 (1) 4 (a) and 3 subparagraph 10 of Article 6 of the Act on the Control of Narcotics, Etc.;

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 (All circumstances, such as that the defendant has no record of punishment for the same crime);

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. Collection;

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