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(영문) 부산지방법원 2019.01.09 2018고단1883

마약류관리에관한법률위반(향정)

Text

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

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

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[criminal career] On April 28, 2016, the Defendant was sentenced by the Seoul High Court to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (mariju) and completed the execution of the sentence in the Daegu Prison on July 12, 2017.

[2018 Highest 1883] On April 14, 2018, at around 12:00, the Defendant: (a) stored approximately 0.03g of psychotropic drugs in a single-use injection machine; (b) dumped them into a single-use injection machine; and (c) administered phiphones by means of injecting them into his/her arms blood line.

[2018고단4281] 피고인은 마약류 취급자가 아니면서도 2017. 11. 18. 15:00경 김해시 김해대로 2401에 있는 김해시청 인근에 정차되어 있던 피고인이 운행하는 번호 불상의 K5 승용차 안에서, D로부터 현금 30만 원을 받고 그녀에게 향정신성의약품인 메트암페타민(일명 ‘필로폰’, 이하 ‘필로폰’이라 한다) 약 1g을 교부하여 필로폰을 판매하였다.

Summary of Evidence

【Criminal Records at the Time of Sales】

1. Criminal records;

1. Investigation report (verification of confinement records);

1. A copy of the judgment (2018 Highest 1883);

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. Records of seizure and the list of seizure;

1. Requests for appraisal;

1. A report on investigation (calculated of a surcharge) and a list of price lists of narcotics, etc.;

1. The legal statement of witness E and D;

1. Partial statement of the defendant;

1. Protocols concerning police and suspect examination of the accused, D, and E by the prosecution;

1. Statement of the police statement concerning F;

1. Report on investigation (calculated additionally), and application of Acts and subordinate statutes concerning the monthly trend of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Control of Narcotics, Etc., concerning the facts constituting an offense (the points of medication and sale of phiphonephones), and choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Collection;