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(영문) 부산지방법원 서부지원 2017.06.12 2017고단127

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

One-time injection in which seized philophones estimated white paper is included.

Reasons

Criminal facts

On November 29, 2013, the Defendant was sentenced to imprisonment for one year and two months with labor for a violation of the Narcotics Control Act at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and on November 2, 2014, and is not a narcotics handler.

1. On December 2016, the Defendant received approximately 0.03 g of Melopon (one philopon; hereinafter “philopon”) from E at the office of D Private Institutes located in Yangyang-si, Yangyang-si, Gyeongnam, and received approximately 0.03g of Melopon from E, a local mental medicine.

2. On February 17, 2017, the Defendant paid 150,000 won to H in front of G hospital G in Yangsan-si F, Yangsan-si, and purchased approximately 0.18g opon and traded 0.18g opon.

3. On March 13, 2017, the Defendant administered a disposable injection method by dilution approximately 0.03g of philophonephones purchased from her Mourphones located in Yangnam-si, Yangsan-si, as described in paragraph 2, with the use of a disposable injection device.

4. On March 18, 2017, around 10:30, the Defendant filed a lawsuit in a manner that keeps a disposable injection device containing approximately 0.03g of philopopon purchased as described in paragraph 2 in the front of K located in the Busan Lho-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement protocol made to E;

1. Police seizure records;

1. A written appraisal of each drug;

1. Photographs (list of evidence 8);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, a copy of the judgment of the Busan District Court 2013 High Court 5902 High Court, investigation report (the confirmation of the date of release of a suspect), and Acts and subordinate statutes on personal confinement;

1. Relevant legal provisions and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for the Fact-finding, and the Selection of Imprisonment with prison labor, respectively;

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

1.Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Code of the Aggravation of Concurrent Crimes. [This Article is due to the trade of philophones with the largest nature of the crime.]