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(영문) 부산지방법원 동부지원 2019.06.12 2019고단596
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 (for disposables used) shall be confiscated.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Purchasing philophones;

A. On April 4, 2019, around 20:30 on April 4, 2019, the Defendant purchased the Melopon’s Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic Melopic

B. On April 8, 2019, at around 20:30, the Defendant purchased a large amount of opon 300,000 won from D, in the place described in paragraph (a) of Article 1, by means of E-cargo (cargo number:G).

2. Medication of phiphones.

A. On April 8, 2019, the Defendant, at around 23:00, injected approximately 0.03 to 0.05g of phiphonephones purchased at the Defendant’s residence located in Suwon-gu, Busan, by inserting them into a disposable injection machine for a single use, dilution them with water, and administering them in a way of injecting them into the sprink.

B. On April 11, 2019, at around 05:00, the Defendant injected approximately 0.03-05g of phiphonephones purchased as above at the place indicated in paragraph (a) of Article 2 by inserting them into a single-use injection instrument and dilution them with water, and then administering them into the blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, report on internal investigation (the photograph taken of a trace of being administered as a single injection against two arms of a suspect), internal investigation report (a photographic attachment of a personal cargo stuff, the process of discovering a personal cargo stuff and photograph), telephone details, account transaction details, investigation report (the process of verifying the serial number at the I Cargo Center), each request for appraisal, each request for appraisal, and report on investigation (the confirmation of the details of transactions at the No.C. in the name

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant provision of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The age, character and conduct, environment, criminal records, and crime of the defendant for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

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