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(영문) 부산지방법원 2019.02.19 2019고단148

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

The evidence 1 or 2 seized shall be confiscated from the accused.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On November 23, 2018, the Defendant received 200,000 won from D at the C office located in Busan District, Busan District, and delivered approximately 0.03 g of psychotropic drugs - a psychotropic-related ----related -----related --------------------------------------------------

2. On December 7, 2018, the Defendant received KRW 200,000 from the above D and delivered approximately 0.03 g of philopon to him, and sold philopon.

3. On January 7, 2019, at around 17:50, the Defendant injected 0.03g of philopon at the Defendant’s house located in the Dong-gu Busan Metropolitan City, by inserting it into a single-use injection machine and dilution with bio-diling, and administering philopon in a way of injection into arms.

4. On January 7, 2019, the Defendant: (a) around 18:15, the Defendant possessed a philopon by inserting vinyl bags, which are parked in G Station located in the Busan Dong-gu F, in the manner of keeping them by inserting approximately KRW 3.45 g of philopon in the HKan knife vehicle operated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Copy of the protocol of suspect examination of D by the police;

1. Each narcotics appraisal report and reply to each request for appraisal;

1. A report on investigation (calculated additional charges);

1. Application of Acts and subordinate statutes on police seizure records;

1. Imprisonment with prison labor under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning facts constituting an offense and the choice of punishment;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Crimes 1 for the reasons for sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the market price of 100,000,000 won for a single-time medication, and the sale price of 400,000,000 won equivalent to the market price in the judgment of the court below) [the scope of recommendations] under category 2 (the scope of recommendation), including sale and purchase, good offices, etc. (one to two years), and there is no basic area (one to two years) (one to two years), [the scope of recommendation] under category 2 (the scope of recommendation].