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(영문) 부산지방법원 2015.06.18 2015고단2639
마약류관리에관한법률위반(향정)
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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On April 19, 2015, around 00:00, the Defendant provided 0.05g of approximately 0.05g of psychotropic drugs, which are psychotropic drugs, contained in a one-time injection device, to E, from the street corner in front of the “D” telephone located in Suwon-gu, Busan.

2. On May 1, 2015, the Defendant, at around 14:00, injected approximately 0.03 grams of philophones into water from Busan Southern-gu 105, the Defendant’s residence, and administered them by means of injecting them into the Defendant’s arms blood cells using a disposable injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of the Acts and subordinate statutes notifying the results of legal and chemical appraisal;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. For the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc., the penalty shall be additionally collected in violation of Article 2 of the Act on the Control of Narcotics, etc. that has no basic area (one year to two years) (the scope of recommending punishment), including the medication, simple possession, etc. (the scope of recommending punishment), Type 3 (b) (the items (b) and (c)) of the basic area (10 to two years) of the punishment) of the Act on the Control of Narcotics, etc. [10 to two years] of the basic area (10 to two years) of the punishment: The final sentence scope following the aggravation of multiple offenses: one year to three years [the decision of sentence] of the punishment, the fact that there is no record exceeding the fine, the fact that the investigative agency appears to have stated the merchant vessel as true, and the fact that the criminal act is closely divided,

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