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(영문) 부산지방법원 2013.03.22 2012고단9246

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 4 and 6 shall be confiscated.

The defendant 20,000.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On October 24, 2012, at around 04:00, the Defendant, at the Defendant’s residence located in Busan Northern-gu, put about 0.03g of psychotropic drugs in a single-use injection instrument, dilution with psychotropic drugs, and administered the psychotropic drugs in one-time injection instrument, dilution with their growth.

2. On October 27, 2012, at around 14:00, the Defendant injected approximately 0.03g of philopon into a single-use injection machine from 505 Eurher located in Busan-gu, Busan-do, and dilution with cropopon, and administered it in a way of injecting it into his/her her surpopic dyposis.

3. At around 14:00 on October 28, 2012, the Defendant possessed a 0.49g philopon 0.49g, which was enclosed by a newspaper room 505, by inserting it into a wall.

4. At around 11:50 on October 29, 2012, the Defendant possessed approximately 2.3g of phiphonephones under the television line in the above Defendant’s residence by inserting them in a single-use cup.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure of each police;

1. Notification of the results of appraisal of narcotics, etc., and photographs of each seized article;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of photographs to injection subjects, the examination of the market price of phiphonephones and the calculation of additional collection charges);

1. Articles 60 (1) 2, 4 (1), and 2 (3) (b) of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, 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;