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(영문) 부산지방법원 2015.11.24 2015고단6076
마약류관리에관한법률위반(향정)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 15:00 on August 1, 2015, the Defendant administered narcotics, etc. in a manner that, at the curbed room located in Busan, D, which was administered together, had D, which was dilution with water, incurine so as to have D, a disposable injection machine for psychotropic drugs (hereinafter “curphone”) injected with water.

2. Even if the Defendant is not a narcotics handler, on August 16, 2015, the Defendant administered narcotics, etc. in the manner of drinking, etc. by receiving drinking water containing philopon fluor from E, which was administered together at the trade in the trade in the stove-dong, Busan Metropolitan City Shipping Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A certified copy of an interrogation protocol of D;

1. Notification of the results of legal and chemical appraisal and response to requests for appraisal;

1. Records of seizure and photographs of medication;

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

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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;

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

1. The execution of imprisonment with prison labor shall be suspended on condition of probation, etc., taking into account the following factors: (a) the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] medication, simple possession, etc.; (b) the basic area (10 to 2 years) (10 to 2 years) of category 3 (the basic area (10 to 10 years) of the Act on the Control of Narcotics, etc.; (c) the defendant has no criminal history of the same kind

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