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(영문) 부산지방법원 2019.05.24 2019고단673
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant of "2019 Highest 673" is not a narcotics handler.

1. On February 7, 2019, the Defendant, on February 7, 2019, administered a philophone in a way of injecting approximately 0.08g of philophones into a single-use injection machine in Busan Jin-gu Btel C at around 19:0 to 20:00, and dilution with water, and then administering it in a way of injecting it into his left bloodline.

2. On February 8, 2019, the Defendant administered 0:00 to 02:00 on February 8, 2019 in the place indicated in paragraph (1) in the same manner as described in paragraph (1).

The defendant of "2019 Highest 1625" is not a narcotics handler.

1. On November 16, 2018, at around 19:00, the Defendant administered phiphones by inserting approximately 0.07 g of psychotropic drugs in a single-time injection machine, and inserting them into the arms after being melting them in the water in the dwelling of the Defendant.

2. On November 17, 2018, at around 05:00, the Defendant administered approximately 0.07 gramphones in the same manner as described in paragraph (1) at the places described in paragraph (1).

Summary of Evidence

"2019 Highest 673"

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. "Request for appraisal, report on appraisal, appraisal report, and narcotics appraisal report";

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of each statute of appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. On November 2018, the Defendant for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., was released on the grounds that the emergency arrest was a narcotics first offender, but the emergency arrest was released on the ground that the latter was a narcotics first offender.

However, the defendant does not have the same power, and his age, character and conduct, environment, motive, means and result of the crime.

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