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(영문) 부산지방법원 2017.02.03 2016고단7915

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

1. On October 15, 2016, the Defendant around 106-dong 1803, E apartment buildings 106-dong 1803, which are E apartment buildings located in Nam-gu Incheon Metropolitan City, and D, put the Melopon (one-time medication equivalent to one-time medication; hereinafter “philopon”) of the Melopon on Aluminium, put it over, and inhales (one-time medication) of the Melopon, using the Melopon in glass.

Accordingly, the Defendant conspiredd with D to administer philophones.

2. On November 5, 2016, the Defendant received 400,000 won from F with a request to request writingphones from F, and purchased approximately 0.7g 400,000 won of writingphones from the above D, and then delivered the above purchased penphones to F at the Defendant’s residence located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City around 23:00 on the same day.

Accordingly, the defendant assisted the trade of philophones.

3. On November 6, 2016, the Defendant inhaled the volume of philophones (per time for medication) with D at the residence of the said D around November 6, 2016 in the same manner as written in the preceding one.

Accordingly, the Defendant conspiredd with D to administer philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Copy of the protocol concerning the examination of suspect with respect to F;

1. Investigation report (the letters, contents of conversations with the person presumed to be the upper vessel, and the currency contents with F);

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

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, the selection of punishment for a crime, Article 30 of the Criminal Act, and Article 60 of the Act on the Selection of Narcotics, Etc.

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Grounds for sentencing under the proviso of Article 67 of the Narcotics Control Act;