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(영문) 부산지방법원 2013.06.14 2013고단1903
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On January 1, 2013, around 14:00, the Defendant administered a psychotropic drug 0.05g of psychotropic drugs by dilution with psychotropic drugs at the Defendant’s house of 503, Seo-gu, Busan Metropolitan City (hereinafter “diphone”).

2. On January 22, 2013, the Defendant administered approximately 0.05 g of philophones at the home of the above Defendant’s office by dilution them to coffee.

3. On February 11, 2013, at around 21:00, the Defendant administered approximately 0.05 g of philopon to coffee by dilution at the home of the above Defendant.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the results of appraisal of narcotics, etc. and a written request for appraisal of narcotics, etc.;

1. Application of Acts and subordinate statutes to each investigation report (No. 7, 11, 15, 16, 19)

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, respectively;

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 (excluding the one sentenced to the suspended sentence for holding the hemp plant in 2001, taking into account all the circumstances, including the fact that there exists no record of punishment for the same kind of crime, the confession of all of his/her crimes, and the fact that he/she reflects the fact

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

1. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;

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