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(영문) 부산지방법원 2015.04.30 2015고단1849
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. Around 2006, the Defendant resided in the Chinese Cheongdo and obtained the nationality of the Republic of Korea, and was not a narcotics handler. On January 20, 2015, around 18:00, the Defendant used narcotics, etc., by means of inserting narcotics in a mutual influoring room located in 1 Dong-gu, Seocheon-si, Seocheon-si, Seocheon-si (hereinafter referred to as “afterfluor”, glass for inserting narcotics, ruptureing steam generated when burning narcotics, and ruptureing steams when burning narcotics, and a steam that is psychotropic drugs (hereinafter referred to as “copon-phone”) in a psychotropic-coptering room.

2. Even if the Defendant is not a narcotics handler, on March 20, 2005, around 10:00, the Defendant used the Defendant’s house located in the underground floor of Songpa-gu Seoul Metropolitan Government, with the same method as that described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes notifying the result of 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. The imposition of additional tax shall be based on the following facts: The scope of final sentence due to the aggravated punishment of multiple crimes for which the basic area (10 to 2 years) of types 3 (10 to 10) of the Act on the Control of Narcotics, Etc. (10 to 2) (the scope of recommending punishment), medication, simple possession, etc. (10 to 2 years) of the Act on the Control of Narcotics, Etc. has no basic area (10 to 2 years), the basic area (10 to 2 years) of types 3 (10 to 10) of the Act on the Control of Narcotics, etc. (10 to 3 years) of the Act on the Control of Narcotics, etc.: The imposition of additional tax shall be based on the following facts: 10 to 3 years

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