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(영문) 부산지방법원 2014.11.14 2014고단7700
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

Despite the fact that the Defendant is not a person handling narcotics, around 22:00 on May 16, 2014, the Defendant administered approximately 0.03 grams of Metropha (tentatively referred to as “diphonephone”) which is a psychotropic drug acquired by an undissatising circumstance at the singing room located in Busan Jin-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. A written request for appraisal, a written report and an appraisal;

1. Report on investigation (report on calculation of additional collection charges), and application of Acts and subordinate statutes concerning the monthly trend of narcotics;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

1. There is a need to strictly punish narcotics-related crimes for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

However, the defendant has no previous record of the same kind, the administration of phiphonephones takes into account favorable circumstances such as the confession and reflection of the defendant at one time, and other sentencing conditions shown in the records, such as the defendant's age, character and conduct, and environment, shall be determined like the order.

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