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(영문) 부산지방법원 2016.08.25 2016고단3580

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

1. The Defendant was parked around D around 14:00 on June 29, 2016 in Yangsan-si C.

E In a motor vehicle for a local mental medicine, narcotics were administered in such a way as to put about 0.07g g of Melopon, a Melopon, into a single-use injection machine, dilution with water, and injection into arms.

2. On June 30, 2016, the Defendant was parked in G in and around the G located in Yangsan CityF around 09:00

E Narcotic drugs were administered by inserting approximately 0.07g of philophones into a single-use injection machine, dilution with water, and then injecting them into arms.

3. On July 1, 2016, the Defendant was parked in and around H in Yangsan-si around 00:00.

E Narcotic drugs were administered by inserting approximately 0.07g of philophones into a single-use injection machine, dilution with water, and then injecting them into arms.

4. On July 1, 2016, the Defendant: (a) at the entrance of the Kcomter located in the Busan East-guJ around Busan-dong on July 1, 2016; (b) put the Defendant’s home page into one for a disposable fluor containing 0.63gopon; and (c) carried narcotics, etc. by inserting one for a disposable fluor described in this 0.62g of oponon inside contact with the E-Spo-dong car operated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (the result of dactine appraisal - the training of phiphones);

1. Investigative reports (as a result of narcotic appraisal - Metracis detection), the application of Acts and subordinate statutes;

1. Article 60 (3), Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment with prison labor);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;