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(영문) 부산지방법원 2015.01.22 2014고단9643
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

1. Even if the Defendant is not a narcotics handler, around October 2014, the Defendant administered narcotics, etc. in the toilets in the East subway Station located in the Busan East-dong, Busan-dong, using approximately 0.05 grams of psychotropic drugs, in a different way from a coffee.

2. Although the Defendant is not a narcotics handler, around November 25, 2014, around 18:00, at the apartment parking lot in Busan Dong-gu, the Defendant set up a d Spact car at the apartment parking lot in which the Defendant living in Busan Dong-gu, Busan, and administered narcotics by drinking approximately 0.05g opphones in water.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. A letter of summary trial and summary prescription inspection;

1. Photographs (or medication, etc.);

1. Application of Acts and subordinate statutes to investigative reports (Attachment, etc. of photographs of injections);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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 (including the fact that the defendant has no fact of criminal punishment for the same crime) in the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of community service orders;

1. It is so decided as per Disposition for the reason that the market price for one-time medication is not less than 100,000 won under the proviso of Article 67 of the Act on the Control of Narcotics, etc.; and

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