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(영문) 부산지방법원 2017.06.22 2017고단2487

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

500,000 won shall be collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

[criminal history] On December 14, 2012, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on December 14, 2012, and completed the execution of the sentence on October 9, 2013.

[Criminal facts] Even if the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On March 1, 2016, around 16:00, the Defendant purchased and sold 00,000 won in front of the D Hospital located in Seo-gu Busan, Seo-gu, Busan. Around 16:0, the Defendant purchased and sold merpopon, which is a local mental medicine, approximately 0.1g (one phipopon; hereinafter “phipopon”).

2. On March 21, 2016, around 17:30, the Defendant traded phiphones by delivering approximately 0.15g philopon to G at the mutual infurine in Busan, Seo-gu, Busan, and selling philopon.

3. The Defendant, at the same time and time as Paragraph 2, 0.03g of phiphonephones were put in a single-use injection machine, dilution with water, and administered phiphones by means of injection into arms.

4. On May 1, 2017, the Defendant administered phiphonephones at the mother’s house located in Busan Young-gu H on May 1, 2017, and around 0.03g of phiphones at the coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each investigation report (including each accompanying document, 1, 10, 16, 31 and 31 each time);

1. A criminal investigation report (one-time 36);

1. Each explanatory note;

1. Records of the judgment: Application of Acts and subordinate statutes to criminal history inquiries and investigation reports (including attached evidence, such as inquiries about criminal history and investigation reports on a net time, and search results of prisoners);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

1. Selection of each sentence of imprisonment;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act excluded from crimes under paragraph (4) of the judgment;

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. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.