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(영문) 부산지방법원 2015.10.02 2015고단5520
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

1. On August 24, 2015, around 18:00, the Defendant: (a) put about 0.03 grams in the DNA 303 located in Busan Seo-gu, Busan; (b) put about psychotropic drugs in a single-use injection machine; and (c) injected narcotics, etc. after mixing them with water, the Defendant injected them into the psychotropic body.

2. Even if the Defendant is not a narcotics handler, on August 24, 2015, around 19:51, at the same place as indicated in paragraph (1), carried approximately 0.23 grams of philophonephones contained in vinyl bags, and carried narcotics under the table table.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each protocol of seizure, each reply to requests for appraisal, and expert report;

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. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The execution of imprisonment shall be suspended on the condition of probation, etc., taking into account the following: (a) the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), medication, simple possession, etc. (the period of 10 to 2 years) and the basic area (10 to 2 years) (the period of 10 months) (the period of 10 to 2 years) of the Act on the Control of Narcotics, Etc. (the decision of sentence) (the period of 2006) has two criminal records for the same kind of crime but has not been punished for the same kind of crime since

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