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(영문) 부산지방법원 2016.06.17 2016고단2136

마약류관리에관한법률위반(향정)

Text

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

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 November 4, 2015, the Defendant purchased approximately 0.03 g of 100,000,000 won from C to sell and purchase narcotics, etc. on the part of C, which was operated by C in front of the entrance of the Busan Dong-gu, Busan, by purchasing approximately KRW 0.03 g of Mesophical medicine (one philophone; hereinafter referred to as “philophone”).

2. On August 2015, the Defendant administered narcotics, etc. at around 01:00, at the Defendant’s residence located in Busan Northern District D apartment No. 402 Dong 1401, and at the same time, at approximately 0.03g g of philon to coffee.

3. Around September 2015, the Defendant administered narcotics, etc. in a scopon’s residence and around 0.03g of scopon’s copon to a coffee.

4. On October 1, 2015, the Defendant administered narcotics, etc. at the residence of the above Defendant and approximately 0.03g of scopon to a coffee.

5. On October 2015, the Defendant administered narcotics, etc. at the residence of the above Defendant and approximately 0.03g g of scopon to scopon at the coffee.

6. On November 1, 2015, the Defendant administered narcotics, etc. at the residence of the above Defendant and approximately 0.03g of scopon to a coffee.

7. On December 18, 2015, at around 02:00, the Defendant administered narcotics, etc. at the residence of the above Defendant, using approximately 0.03g philopon to a 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. Copy of each protocol concerning the examination of suspect C;

1. Notification of the results of legal and chemical appraisal and reply to a request for appraisal;

1. An investigation report (the C Telephone message photograph and mobile phone call details);

1. Seizure records;

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

1. Selection of a punishment for a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, or selection of a punishment for a crime under Article 60 (1) 3 (b);

1. The aggravated Criminal Act for concurrent crimes.