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(영문) 부산지방법원 2014.07.18 2014고단4989
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On June 4, 2014, around 24:00, the Defendant injected approximately 0.1g of psychotropic drugs in the roof tower located in Busan Nam-gu, Busan, by inserting approximately 0.1g of psychotropic drugs in a single-use injection machine (hereinafter “propopon”), and mixing them with water, and administered narcotics, etc. by taking them into the left arms.

2. On June 5, 2014, at around 22:00, the Defendant administered narcotics, etc. after injection of approximately 0.1g of phiphones in the same manner as described in paragraph (1) at the same place.

3. On June 6, 2014, at around 24:00, the Defendant administered narcotics, etc. after injection of approximately 0.1g of phiphones in the same manner as described in paragraph (1) at the same place.

4. At around 15:00 on June 7, 2014, the Defendant injected approximately 0.1g of philopon in the back toilets of the Nam-gu Busan Metropolitan City D apartment, and in the same manner as described in paragraph 1, and administered narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of the prosecution and the prosecutor’s seal;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 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 on the suspended execution (the fact that there exists no record of punishment for the crime of the same kind and punishment heavier than that of the suspended execution, self-denunciation, confession and reflect);

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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