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(영문) 부산지방법원 2016.09.02 2016고단4185

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 4, 2010, the Defendant was sentenced to a suspended sentence of two years in the year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on November 4, 201.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On May 27, 2016, the Defendant: (a) 100,000 won for the purchase price of psychotropic drugs from the D Bank located in Changwon-si, Changwon-si, Changwon-si; (b) Doz., Doz., E, and (c) Doz. 0.1g of the philopon contained in the one-time injection machine to E.

Accordingly, the defendant sold approximately 0.1g of opon to E in 100,000 won.

2. On June 4, 2016, the Defendant sold approximately 0.1g of opphonephones to E in public toilets located near the Magpo-gu, Changwon-si, Changwon-si, Mapo-si in the aforesaid manner.

3. At around 21:00 on July 16, 2016, the Defendant injected approximately 0.05g philophones into water in public toilets near the above F, and administered them by means of injecting them into the Defendant’s arms blood transfusion using a disposable injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Copy of the interrogation protocol and statement of E;

1. Response to the request for appraisal;

1. Investigation report (philophone sales books and E telephone conversations);

1. Seizure records;

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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

1. Class 2 crime for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., for which no basic area (1 to 2 years) (1 to 1 to 2 years) exists for types 2 (marijus, natives b. (b) and (c) of the Act on the Control of Narcotics, Etc.) (the scope of recommendations), medication, simple possession, etc.