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(영문) 부산지방법원 2013.04.12 2013고단1160

마약류관리에관한법률위반(향정)

Text

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

Seized evidence No. 1 shall be confiscated.

460,000 won from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On September 15, 2012, around 01:00 on September 15, 2012, the Defendant sold philopon in the street near the Busan Eastdong-gu Seoul metropolitan apartment, by transferring approximately 0.03 g of psychotropic drugs, a psychotropic drug, to D, and selling philopon in the way of gathering KRW 100,000,000.

2. On September 22, 2012, around 16:50 on September 22, 2012, the Defendant sold philopon in a way that he transferred approximately KRW 0.03g of philopon to D in the street in the vicinity of the Busan Eastdong-gu, Busan and sold philopon to D, and KRW 60,000.

3. On February 10, 2013, the Defendant administered a philophone in a way that, at around 03:00 on February 10, 2013, the Defendant injected approximately 0.03g of philophones into a single-use injection machine at the Defendant’s home located in the Busan East-gu E building No. 102, Busan, and injected the philophones into the left part by mixing them with water.

4. Around 03:00 on February 12, 2013, the Defendant administered phiphones by inserting approximately 0.03 ghonon in a single-use injection instrument at the home of the above Defendant, and mixing water into the left part of the body, and administering phiphones.

5. Around 04:00 on February 14, 2013, the Defendant administered phiphones by inserting approximately 0.03g of philophones into a single-use injection instrument at the home of the above Defendant and mixing water with water to the left part.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D;

1. Police seizure records;

1. Each written appraisal (National Science Investigation Institute);

1. The correspondence of each currency;

1. Application of Acts and subordinate statutes to a report on investigation (report on the market price of phiphonephones);

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

1. It shall be decided as per Disposition on the grounds of Article 67 or more of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;