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(영문) 부산지방법원 2013.10.11 2013고단4686

마약류관리에관한법률위반(향정)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On June 29, 2013, around 04:00, the Defendant sold approximately KRW 200,000 from E in front of D’s door in Busan Southern-gu, and sold approximately KRW 0.03 g of psychotropic drugs, psychotropic drugs sought from F, in the way of wrapping up to paper.

2. On July 20, 2013, around 22:00, the Defendant injected approximately 0.03g of philopon, which was received from F at the Defendant’s home of 102 Dong-dong 701, Nam-gu, Busan, Busan, in a single-use injection instrument, into a single-use injection instrument, dilution with deep water, and administered it in a way of injecting into the left part of blood.

3. On July 27, 2013, around 00:10, the Defendant: (a) inserted approximately 0.03ghon-phones received from F at the Defendant’s home of 102 Dong-dong 701, Nam-gu, Busan, into a single-use injection instrument; (b) dumped into a single-use injection instrument; and (c) injected into a left blood spon.

4. On April 30, 2013, around 04:00, the Defendant: (a) put about approximately 0.2g of philopon on a white paper in the south-gu H, Busan; (b) received 100,000 won in return, and sold it to I.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol regarding E and I;

1. Copy of the results of inspection of small and medium-scale reagents, notification of the results of evaluation of narcotics, and copies of indictment;

1. An explanatory note;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of photographs and sending phone numbers, attachment of details of phone calls, investigation into a suspect's clopon supplier, investigation into a driver's copon supplier, investigation into the market of each copon and calculation of additional charges);

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. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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