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(영문) 부산지방법원 2016.02.26 2016고단187

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 22, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Busan District Court’s Dong Branch, etc. on ten months, and on August 30, 2014, the Defendant had three times the record of the same type of crime, including the termination of the execution of the sentence in the Busan District Court.

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On January 3, 2016, at around 18:00, the Defendant injected approximately 0.05 grams of the Mebane ctop (one philopon; hereinafter “philopon”) which is a primary mental medicine in Busan Nam-gu, Busan, with water, and administered a philopon using a single-use injection device for the Defendant’s arms and body, and 0.05 g of the philopon with water, and then injected the philopon using a single-use injection device for the purpose of injectinging 0.05g of the philopon with water, and then administering the philopon using a single-use injection device for the purpose of injectinging it to the bloodline, such as the outbreak of E, etc.

Accordingly, the Defendant conspired with E to administer philophones.

2. On January 5, 2016, at around 18:00, the Defendant injected approximately 0.05 gramphones into water, and administered phiphones by means of injection with a single-use injection device to the Defendant’s arms blood transfusion using the single-use injection device.

3. On January 7, 2016, at around 10:10, the Defendant carried philophones by storing approximately 0.36g of philophones contained in the plastic rophones on the main machine owned by the Defendant, which is suffering from clothes 204 at his place, in a manner of keeping approximately 0.36g of philophones on the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each response to a request for appraisal;

1. Investigation report (the defendant and E Kakao Stockholm dialogue content);

1. Each protocol of seizure;

1. Previous convictions in a report on investigation (additional collection): Inquiry of criminal history and application of Acts and subordinate statutes of a report on investigation (the date of release);

1. Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts, Article 30 of the Criminal Act, the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Confiscated narcotics;