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(영문) 부산지방법원 2017.09.22 2017고단3636
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

4.1 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On May 28, 2016, on May 28, 2016, the Defendant: (a) purchased a penphone with a cash of KRW 100,000,000,000 from F before “Dam” located in the north-gu, Busan; and (b) delivered approximately 5 g of the mephones (one penphone; hereinafter “phiphone”) to F, who is a local mental medicine, purchased the penphone.

2. On September 14, 2016, the Defendant purchased philophones from G to F in cash at around KRW 100,000,000 and by receiving approximately KRW 5g of philophones from G (C) around around 19:40 on September 14, 2016.

3. On November 5, 2016, the Defendant purchased philophones in cash from F before around 19:40 around 19:40 on November 5, 2016, upon receipt of approximately KRW 1 million from F, and delivery of approximately 5g of philophones.

4. On November 30, 2016, the Defendant purchased philophones before DoMophones. On November 30, 2016, around 20:50 on November 30, 2016, the Defendant purchased philophones by obtaining a cash of KRW 1 million from F before DoMos.

5. The Defendant, on July 2017, administered philophones by inserting approximately 0.05g of philophones into a single-use injection machine at the beginning of July 2017, in a way that philophones were injected into the arms bloodline after dilution with water.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect and statement concerning the F; and

1. Protocols of seizure and list of seizure, each photograph thereof, investigation report (12), monthly trend of narcotics, and application of relevant Acts and subordinate statutes to each appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by 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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommended punishment), medication, simple possession, etc. (the items (b) and (c)) shall be the basic area (the period between October and two years).

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