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(영문) 부산지방법원 2016.04.07 2016고단903

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 December 23, 2014, the Defendant administered narcotics, etc. by inserting approximately 0.05g of Mesofta (i.e., one philopon; hereinafter “philopon”) into a single-use injection machine and dilution them into arms, in a way that it is difficult to identify the trade name located in the Gansi-si Area around 23:00, the Defendant administered narcotics, etc. by inserting approximately 0.05g of Melopon into a single-use injection machine, which is a local mental medicine.

2. On December 24, 2014, at around 16:00, the Defendant administered narcotics, etc. by inserting D hotel 208 heading in D hotel C located in Suwon-si, Suwon-si, with approximately 0.05g philophones into a single-use injection machine, dilution them into a single-use injection machine, and dilution them into arms.

3. The Defendant: (a) purchased phiphonephones from E and conspired with F, G to administer them; and (b) contacted E on December 27, 2014 to purchase phiphones.

At around 13:00 on the same day, G remitted KRW 800,000 for philopon to the post office account designated by E, and the Defendant and F purchased and sold narcotics, etc., using two philopon 1.4g from E in the I Station located in H in Seoul, Jung-gu, Seoul, around 18:00 on the same day.

Accordingly, the Defendant sold narcotics in collusion with F and G.

4. On December 28, 2014, the Defendant administered narcotics by inserting D hotel 208 heading in Suwon-si, Suwon-si, D hotel 208 heading, and 0.05g heading in philophone-phones into a single-use injection machine, dilution them into a single-use injection machine, and in injection into a arms.

5. On December 29, 2014, at around 01:00, the Defendant administered narcotics, etc. in such a way as to put D hotel 208 rooms located in Suwon-si C, and 0.05g philopon into a single-use injection machine, dilution them into a single-use injection machine, and in injection into a arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A certified copy of the statement made by each prosecutor to G;

1. Each protocol of seizure;

1. Investigation report (A's prosecution and investigation of the result of appraisal of seized articles);

1. Application of Acts and subordinate statutes to report on investigation (Attachment to accomplices's judgment);

1. Article 60 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning criminal facts;