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(영문) 부산지방법원 2013.03.15 2012고단7831 (1)
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Around 02:00 on August 31, 2012, the Defendant received cash of KRW 300,000 from E at the front side of D located in the Busan Seo-gu, Busan, and sold them by putting approximately 0.12g of psychotropic drugs to E from the front side of D on August 31, 2012, around 03:00.

2. On August 31, 2012, at around 03:30, the Defendant administered approximately 0.03g of philopon to a coffee in the Defendant’s residence located in Busan Spo-gu F.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the interrogation protocol of prosecution E;

1. Copy of each police interrogation protocol of E and G;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of an amount additionally collected);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and 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. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;

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