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(영문) 부산지방법원 2016.02.05 2015고단8442
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 23, 2001, the Defendant was sentenced to a fine of seven million won for a violation of the Narcotics Control Act at the Busan District Court.

1. Even if the Defendant is not a narcotics handler, the Defendant is a chrooper who is a local mental medicine from B around June 7, 2015 (hereinafter referred to as “crophone”).

On the same day, in the case of Busan, Busan, which is a promise place with B around 21:30 on the same day, received KRW 2.50,000 from A and delivered the B with approximately 0.7g of opon, and arranged the transaction of opon drugs to B and B after receiving approximately 0.7g of oponon.

2. Even if the Defendant is not a narcotics handler, on June 7, 2015, at the Defendant’s house located in Busan Eastdong-gu, Busan, as well as as at the case of arranging the transaction of philophones, the Defendant injecteds with water in a disposable injection machine containing approximately 0.05g of philophones, and administered narcotics.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A certified copy of each protocol concerning the examination of suspect B;

1. Notification of the results of legal and chemical appraisal and reply to a request for appraisal;

1. Seizure records;

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

1. Selection of a punishment for a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, or selection of a punishment for a crime under Article 60 (1) 3 (b);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Class 2 of Article 67 of the Act on the Control of Narcotics, Etc. / [the scope of the recommended punishment / the scope of the recommended punishment ] medication and simple possession, etc.

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