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(영문) 부산지방법원 동부지원 2018.02.08 2017고단2740
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

Defendant is not a narcotics handler.

1. On May 3, 2017, at the Defendant’s home located in Busan Shipping Daegu, the Defendant sent a non-tamper of the amount equivalent to KRW 600,000,000 in the name of the purchase price for the Mepter (one Handphone; hereinafter the same shall apply) who uses the mobile mecop, a mobile mecopic medicine, to the needy person using the Mecopic mecopic mecop, a mobile mecopic medicine at the Defendant’s home located in Busan Shipping Daegu, and received delivery of the Mecopic mecopic mecopic mecopic mecopic (per 10 minutes) concealed in the mecopic mecopic mecop from the Defendant’s home around May 13, 2017.

The Defendant purchased philophones as such.

2. From around 00:00 on May 23, 2017, the Defendant administered approximately 0.2 cc of philopon at the home of the above Defendant at around 01:00 by means of infecting the Defendant’s hair, etc. using a disposable injection device.

3. On May 29, 2017, at around 07:00, the Defendant sent bitcos equivalent to KRW 600,000 to the name in the above Defendant’s house, i.e., paragraph 1, and attempted to purchase phiphones, but failed to go through customs due to the lack of customs clearance on the ground that the clothes in international postal items in phiphones were household effects.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a response to each request for appraisal, a criminal investigation report (Attachment of a photograph of a dose trace), a criminal investigation report (Attachment of a photograph taken by capturing a suspect mobile phone, such as the contents of text stored in the suspect mobile phone), a criminal investigation report (an investigation, such as a cellphone storage room, etc.), a number of books which are goods, a manual of seizure and a criminal investigation report (calculated of additional charges);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Narcotics Control Act (in the case of crimes under paragraph (3) of the judgment, Article 60 of the Act on the Control of Narcotics, Etc., added to Article 60 (3) of the Act on the Control of Narcotics, etc., for the crimes under paragraph (3) of the judgment), the selection of punishment for imprisonment;

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

1. Article 62(1) of the Criminal Act provides that the following sentencing is more favorable.

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