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(영문) 부산지방법원 2013.10.29 2013고단6465
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On September 21, 2013, at around 20:0, the Defendant, at the first floor E store room of D hotel located in Suwon-gu, Busan, a psychotropic drug, put approximately 0.05g of psychotropic drugs into a single-use injection instrument, dilution of psychotropic drugs, and administered them in a way of injecting them into the sprink.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report (pine - training of mert cancer patients, and reporting on phiphone market price);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The sentencing ground of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. is not only the fact that the defendant was punished for the same kind of crime, but also the fact that the first investigative agency intends to conceal his/her crime;

However, the Defendant, after 200, has not been punished for the same kind of crime, and the Defendant lives together with a non-permanent mother in his residence, and the detention of the Defendant entails excessive difficulty to his dependants, and the Defendant is in depth divided and reflected in this court, and is sentenced to the same punishment as the order, taking into account all the circumstances.

It is so decided as per Disposition for the above reasons.

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