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(영문) 부산지방법원 2014.08.07 2014고단4892

마약류관리에관한법률위반(향정)

Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

Defendant

A 200,000 won,

Reasons

Punishment of the crime

1. Defendant A

A. On May 24, 2014, around 18:00, the Defendant: (a) delivered approximately 0.03 grams of psychotropic drugs to B, and received and delivered narcotics, etc. at “E” restaurant located in Busan, Jin-gu, Busan, by free delivery to B of approximately 0.03 grams of psychotropic drugs.

B. On May 25, 2014, at around 20:00, the Defendant: (a) 305 room in Busan-gu, Busan-do; (b) Rophonephone 0.03gs were put in a single-use injection machine; and (c) injected narcotics into the sprink after mixing them with water.

2. Although Defendant B is not a narcotics handler, at around 22:00 on May 24, 2014, the FF in Busan Jin-gu, Busan, 305 room, the above 1-A.

As described in paragraph (1), approximately 0.03g of philophonephones delivered by A were stored in a disposable injection machine, mixed with water, and administered narcotics, etc. by taking them into the left bloodline.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Police seizure records;

1. A letter of request for inspection or appraisal;

1. Photographs (or medication, etc.);

1. Application of Acts and subordinate statutes to report on investigation (the attachment, etc. of photographs of injection countries);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

1. Aggravation of concurrent crimes (defendant A), the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. The Defendants were sentenced to a suspended sentence or imprisonment for the same crime even though they were sentenced to a suspended sentence for the crime of this case, and the Defendants committed the crime of this case in light of all the circumstances such as the background, means, methods, and frequency of the crime of this case.