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(영문) 부산지방법원 2013.06.13 2013고단3

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

Defendant is not a narcotics handler.

1. On November 5, 201, the Defendant received KRW 500,000 in cash from C at a new bank account (Account Number: E) with the Defendant’s mother D’s bank account used by the Defendant, following the Defendant’s receipt of KRW 500,00 in cash from C, around November 16, 201, the Defendant: (a) purchased and arranged to sell Mealopon in the middle of the Gart set in Busan FYLL or other car run by H, which was operated by H, in cash in the front of the Gart located in FYF YF, which was operated by H; (b) 50,000 in cash from H, a psychotropic drug located in a plastic bag in a white letter bag from H; and (c) 0.7g of the Mealopon, which was dedicated to the Mealopon on November 5, 2011.

2. On December 15, 201, at least 17:30 on December 17, 201, the Defendant, in a guest room where it is impossible to identify the Lmotour care room located in K located in the Busan East-gu, Busan, by inserting about 0.05g of opon into a disposable injection machine for one-time use, dilution with aquatic products, and administered them in a manner that allows the Defendant to injection into the left part of the Defendant’s blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement of H;

1. Application of Acts and subordinate statutes to report on investigation (investigation, such as the details of collection of intelligence and reporting on the market price of narcotics);

1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same) concerning criminal facts

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (the defendant is the first offender, and the crime of this case is against the latter, and other circumstances such as the background, means, and methods leading the defendant to commit the crime of this case shall be considered);

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