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(영문) 부산지방법원 2014.09.04 2014고단4022
마약류관리에관한법률위반(향정)
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and four months, and by imprisonment with prison labor for a period of ten months.

on the part of the defendant B.

Reasons

Punishment of the crime

Defendant

A, on February 9, 2012, the Suwon District Court sentenced on one year and four months of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Daegu Prison on January 12, 2013.

1. On May 7, 2014, the Defendants conspired with the Defendants that they are not narcotics handlers, and, around 07:00 on May 7, 2014, Defendant A collected approximately 0.03g of psychotropic drugs, psychotropic drugs, in a single-use injection machine, and collected approximately 0.03g of psychotropic drugs, and mixed them with water, and administered narcotics.

2. Defendant A’s crime;

A. Even if the Defendant is not a handler of narcotics, the Defendant, in the same time, place as described in paragraph 1, 0.03 gramopphones were collected in a single-use injection machine, mixed water, injected narcotics into his/her for sale and administered them.

B. On May 7, 2014, the Defendant: (a) around G apartment near the G apartment; (b) around May 11:30, 2014, entered a disposable injection machine containing approximately 0.21 grams of philophones, and a disposable injection machine containing approximately 0.03 grams of philophones in a household; and (c) kept one vinyl paper containing 4.46g of philophones in the instant G apartment parking lot, which is parked in the said G apartment parking lot, and carried 4.46g of philophones.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Photographs (or medication, etc.);

1. Investigation report (the photographing, etc. of seized articles);

1. Previous convictions: Application of criminal records and investigation reports (limited to previous convictions and attachment of judgment) and Acts and subordinate statutes;

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3 of the Act on the Control of Narcotics, etc. of Specific Crimes.

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