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(영문) 부산지방법원 2015.01.30 2014고단9956
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for four months.

202,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 13, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on November 13, 201, and the judgment became final and conclusive on December 1, 2014.

"2014 Highest 9956"

1. At around 13:00 on April 29, 2014, the Defendant, who is not a narcotics handler, put approximately 0.03g of psychotropic drugs in a DNA in a single-use injection machine, and injected narcotics, etc. after mixing them with water, at a DNA guest room located in Busan Northern-gu, Busan, the Defendant injected them into a single-use injection machine.

"2014 Highest 10151"

2. Notwithstanding that the Defendant is not a person handling narcotics, around January 10, 2012, around 21:00, the Defendant administered approximately 0.03 grams of psychotropic drugs at the Defendant’s home located in Busan Jin-gu, Busan, in a way of drinking them to the coffee, and smoked by inserting about 0.03g of psychotropic drugs (hereinafter referred to as “cloudphone”), taking the cigarette snick and 0.5g of marijuana at the same time.

Summary of Evidence

"2014 Highest 9956"

1. Statement by the defendant in court;

1. Second prosecutor's protocol of interrogation of the accused (including the F statement section);

1. Investigative report (report on the calculation of additional collection charges), and data on monthly trends of narcotics "2014 Highest 10151";

1. Statement by the defendant in court;

1. A report on an investigation (the report on a suspect's exposure to the examination of his/her hair) and a report on an investigation;

1. Investigation report (report on calculation of additional collection charges), and monthly trend of narcotics (prior record on and before the market);

1. The application of Acts and subordinate statutes to inquiries on criminal records, etc., written judgments, reading records, and inquiry;

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of a scopon administered) of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 (a) and 3 subparagraph 10 (the point of a smoking in marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment for

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Act on the Control of Narcotics, etc.;

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