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(영문) 부산지방법원 2017.08.18 2017고단1718
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

30,000 won shall be additionally collected from the defendant.

54. 54.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 24, 2016, the Defendant administered a philopon in a caton in a caton of the caton (i.e., one philopon; hereinafter “philopon”) in a 303 unit of “Gather” located in H of the Busan Suwon-gu, a local mental medicine, in a caton of the caton of the caton (i.e., one caton) in a caton of the caton to a coffee.

2. On February 15, 2017, at around 10:10 on February 15, 2017, the Defendant: (a) injected a common phiphone in I and JMour; (b) injected a non-fluoron (pact equivalent to a one-time medication) dilution with water using a one-time injection device in JMour in K located in Busan East-gu, Busan; and (c) injected it with the same method as the Defendant.

Accordingly, the defendant, in collusion with I, administered philophones.

[Defendant/Defense Counsel] It is consistent with the fact that he had been simultaneously with I at the time and place specified in Paragraph 2 of the crime, but he did not administer philophones.

The argument is asserted.

However, in full view of the evidence duly examined and adopted by this court, the above facts constituting the crime can be sufficiently recognized, and the above assertion by the defendant/defense counsel cannot raise any reasonable doubt about the above facts constituting the crime

3. On March 12, 2017, the Defendant administered philophones in a coffee in a 603 unit located in Busan East-gu M around 02:0 on March 12, 2017, in a way that philophones 0.04g ghon to a coffee.

Summary of Evidence

1. Partial statement of the defendant (crime No. 1, No. 3);

1. Legal statement of a witness I;

1. Copies of the protocol concerning the interrogation of suspect with respect to N (No. 2, 3 times) and protocol concerning the examination of suspect with respect to theO;

1. Investigation reports (3.17 times a month), photographs and video outputs, records and records of seizure, records, monthly trends of narcotics, and the application of Acts and subordinate statutes to each appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3 of the Act on the Selection and Management of Narcotics, Etc., and Article 4 (1) 1, and Article 2 (3) 3 (b) of the same Act;

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