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(영문) 창원지방법원 2014.05.13 2014고단436
마약류관리에관한법률위반(향정)
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1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Even if the Defendant is not a person handling narcotics, at around 18:00 on December 7, 2013, the Defendant administered ci30 vehicles parked on the side in the vicinity of the Southern Sea B Rest located in Sacheon-si, with approximately 0.03g of psychotropic drugs, which are psychotropic drugs contained in a disposable injection machine (one-day philopon), in a way that the Defendant injected them into the Defendant’s arms.

2. On December 23, 2013, the Defendant: (a) was not a person handling narcotics; (b) was administered in a way that, around December 23, 2013, the Defendant injected approximately 0.03g of philophonephone, which was parked in front of the Busan Western bus Terminal located in the Busan Western Flogram (Clogram), from the said i30 vehicle; and (c) Dolophonephone, which was contained in the disposable Flogram, into the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (report on the results of a urinal appraisal - Attachment of an appraisal report), drilling (in the event of an appraisal request - training of merpists);

1. Application of Acts and subordinate statutes to an investigation report;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Selection of each sentence of imprisonment;

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 (Taking into account reflectiveness, beginning crimes, etc.);

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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