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(영문) 부산지방법원 2014.02.14 2014고단272
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 May 3, 2013, the Defendant administered approximately 0.03 g of psychotropic drugs by dilution them into U.S. Pazine C, Kimhae-si, Kim Jong-si, 402, by dilutioning them with psychotropic drugs, at the self-shield bank of D (No. 402).

2. Around 19:00 on August 17, 2013, the Defendant administered 0.03g of philopon to clopon Byung in a car operated by the Defendant, which was parked in the nearest area of the Fju store located in Kimhae-si, Kim Jong-si, G, in the car operated by the Defendant, by dilution it with copon 0.03g.

Summary of Evidence

1. Defendant's legal statement;

1. Each request for appraisal, each further report on a request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 3, 9, 13, 15, and 18 of the evidence list);

1. Article 60 (1) 2, Article 4 (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 (the fact that there is no previous task, confession, or reflect) of the suspended execution;

1. Probation under Article 62-2 of the Criminal Act;

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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