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(영문) 부산지방법원 2017.01.12 2016고단7660
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

On July 13, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on July 13, 2012, and on the 21st of the same month, the said judgment became final and conclusive on July 21, 201.

9. On February 13, 2014, the sentence of the above suspended sentence was revoked, and on February 13, 2014, the Changwon District Court sentenced eight months of imprisonment for the same crime, and on August 11, 2014, the execution of each of the above sentence was terminated in the racing prison.

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On October 18, 2016, the Defendant: (a) put up approximately 0.7 g of the Memoptop phone (one philopon; hereinafter “philopon”); and (b) received the Memopon by allowing E to search for the said Melopon.

2. On October 20, 2016, the Defendant transferred KRW 1 million to one bank account in the name of G designated by F, and purchased and sold phiphones on the same day at the entrance of toilets located on the fourth floor of the H of the building in the Busan L-gu, Busan on the same day, after receiving approximately KRW 2g of philophones from the above F and selling phiphones.

3. On October 29, 2016, the Defendant: (a) around October 29, 2016, parked in the underground parking lot of the shopping mall building in the foregoing shopping mall; (b) provided I with a philopon, one philopon for a single-use type of 0.4g; and (c) provided I with a philopon.

4. On November 14, 2016, the Defendant: (a) parked in the JJJD parking lot at Kimhae-si, Kimhae-si; (b) injected phiphones by inserting approximately 0.03g of phiphones into a single-use injection machine; (c) dilution with water; and (d) injection into the arms.

5. On November 16, 2016, the Defendant posted approximately 4.27g of the instant shopping mall building to the Defendant’s management K, which was located on the fourth floor of the said shopping mall building, and carried a phiphone by inserting approximately 4.27g of the phiphone in the hand room.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Seizure records;

1. Each written appraisal (pine, hair, injection, color-finding body) shall be 1.

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