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(영문) 부산지방법원 동부지원 2013.08.07 2013고단2185
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

No person other than a person handling narcotics shall perform any act of medication, etc. of psychotropic drugs.

Nevertheless, around 18:00 on June 24, 2013, the Defendant injected approximately 0.03g of psychotropic drugs in a non-person handling narcotics at the guest room in Busan Eastdong-gu, Busan, with a total of 0.03g of psychotropic drugs enzines (hereinafter “clophones”), even though it is not a person handling narcotics, and injected them once by inserting them into the blood body, and continuously administering them in the same manner as 0.03g of phiphones.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (report on market price of narcotics related to additional collection charges);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and selection of imprisonment for a crime;

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 on the stay of execution (including the fact that the defendant has no previous conviction for the same kind and is in depth against the crime of this case);

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

1. It shall be decided as ordered by the court on the grounds of not less than the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for the two-time medications (the equivalent of 200,000 won for the two-time medications);

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