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(영문) 부산지방법원 2013.08.30 2013고단4513

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence 1 to 5 shall be confiscated.

from the defendant one million won.

Reasons

Punishment of the crime

On July 1, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on July 1, 201 and completed the execution of the sentence in the Gwangju Prison on December 25 of the same year, and is not a narcotics handler.

1. On February 5, 2013, around 15:25, the Defendant purchased and sold approximately 0.15 g of psychotropic drugs, psychotropic drugs, after receiving KRW 300,000 from F, from the E K5 car operated by the Defendant at the front of the D’s clothing store located in Busan Seo-gu C, Busan, the Defendant purchased and sold approximately 0.15 g of psychotropic drugs.

2. On May 26, 2013, around 12:30, the Defendant: (a) received KRW 300,000 from F from the above K5 car on the Seo-gu Busan metropolitan road; and (b) purchased and sold 0.1g phiphones.

3. On July 21, 2013, around 18:00, the Defendant: (a) received KRW 300,000 from F from the above K5 car in front of the Imotour in Seo-gu, Busan; and (b) purchased and sold 0.3g phiphones.

4. On July 19, 2013, the Defendant, at around 19:00, injected approximately 0.05g of philopon into a single-use injection machine, melted with water into the body of arms, and administered them for sale.

5. On July 25, 2013, at around 17:20, the Defendant kept three penphones 0.32g in the Defendant’s household, which consist of three penphones from the 5th floor corridor of the said I telephones.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of examination of prosecution concerning F;

1. Police seizure records;

1. Notification of the results of appraisal of narcotics, etc. (urinal - training, and phiphones);

1. Each investigation report (to attach photographs, such as seized articles, to photographs, urines, appraisal results of phiphones, and calculation of additional collection charges);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and search results of prisoners;

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. Article 35 of the Criminal Act among repeated crimes;

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

1. Matters concerning the management of confiscated and additionally collected narcotics;