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(영문) 부산지방법원 2017.09.22 2017고단3631

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On April 20, 2017, the Defendant: (a) administered philophones by inserting approximately 0.14g glopon in a single-use injection machine, which is a local mental medicine, at around 22:30 residence (Mtel 804 Office in Busan-gu, Busan-gu) around April 20, 2017; and (b) administering philophones by inserting approximately 0.14g in a single-use injection machine, which is a local mental medicine; and (c) dilution with water.

2. On April 23, 2017, the Defendant administered philophones by inserting approximately 01:00 popon into a single-use injection instrument at the foregoing place on April 23, 2017, and dilution with water, and administering philophones in a way of injecting them into the blood body.

3. On May 6, 2017, the Defendant, at around 20:20 on May 6, 2017, administered phiphones by inserting approximately 0.07g of philophones into a single-use injection machine, dilution with water, and administering philophones in a way of injecting them into the body blood line.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a record of seizure and a list of seizure, a written appraisal (the reproduction, the motion of May 1, 2017), an investigation report (the net time 11), and a trend of Acts and subordinate statutes during a month for narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)

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 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. For the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 1880, Feb. 29, 2009) in the basic area (amended by Presidential Decree No. 2010, Feb. 29, 2009) (amended by Presidential Decree No. 2000, Feb. 29, 2009) (amended by Presidential Decree No. 2000, Feb. 29, 2009)) (amended by Presidential Decree No. 2010, Feb. 29, 2009)) of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2020, Feb. 23, 2006).