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(영문) 부산지방법원 2017.12.22 2017고단5275

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 3 shall be confiscated.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 28, 2017, the Defendant was sentenced to nine months of imprisonment by the Busan District Court for interference with the performance of an injury or public duty, and on June 3, 2017, the execution of the sentence was completed in Busan Correctional Institution, and is not a narcotics handler.

1. Use of philophones;

A. At around 01:00 on October 16, 2017, the Defendant put 0.05 g of Melopon (one philopon; hereinafter “philopon”) in a single-use injection machine, which is a local mental medicine, in the Defendant’s dwelling ( Busan Shipping Daegu C) at around 01:00, and dilution with water.

D used it in a way that gives injection to his arms.

B. At around 02:00 on the same day, the Defendant used 0.05g philophones in the place of the above paragraph (a) in a manner that injects D’s arms into D’s blood cells by the aforementioned method.

2. Medication of phiphones.

A. The Defendant, at around 01:00 on the same day, injected in a single-use 0.05gopon into a single-use injection instrument, dilution with water, and administered it in a way of injection into the serum.

B. At around 02:00 on the same day, the Defendant administered approximately 0.05g philophones in the above manner at the above place.

3. The Defendant, on the same day, carried a phiphone in a way that 2.35 popon was kept by dividing the above 0.21g copon into two parts in front of “Fn” located in Busan, Jin-gu, Busan, into two parts for a single-use copon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Protocols of seizure and list of seizure, each photograph and image output, investigation report (22 times a month), price list of narcotics, and appraisal report;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (19), personal confinement status, and application of the text of the judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.