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(영문) 부산지방법원 2016.04.21 2016고단1176
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

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

1. On March 11, 2015, the Defendant received the delivery of a disposable injection device containing approximately 0.7 g of Melopon, which is a local mental medicine, from E, at the bar of “D” located in Busan Dongdong-gu, Busan, and received narcotics without compensation.

2. The Defendant 1 administered narcotics in such a manner as to put in a single-use injection machine, dilution with water at the same time and place as above, and then injecting narcotics into arms.

3. On April 2015, the Defendant purchased approximately KRW 0.35g 20,000,000 from E to purchase and sell narcotics at a parking lot located on the route between the F apartment and G school in the Song-gu Busan, Busan, and the G school.

4. The Defendant 1 administered narcotics, etc. in such a way as to put 0.1g of philopon into a single-use injection machine at the Defendant’s residence located in Busan Shipping Daegu, Busan, H, 105 Dong 1101, and 1101, in water and to injecting them into arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Seizure records;

1. A letter of time to conduct an inspection of small riverines;

1. Application of the Acts and subordinate statutes of meta and letter prepared by the informant E;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense (or choice of 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. A second-class crime that has no basic area (10 to 2 years) (2) of the first-class crime (2) of the first-class (2) of the second-class (3) of the Act on the Control of Narcotics, Etc. for sentencing (the scope of the recommended punishment) for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] of the mitigated area (8 months to 1 year and 6 months) of the second-class (2) of the mitigated area (the scope of the recommendation, 8 months, 1 year and 6 months), such as the sale and purchase of, or the receipt of, for the purpose of medication, simple possession, etc. (the scope of the recommended punishment] of the second class of the crimes (the scope of the recommendation] of the second class (the scope of marijuana, 2 years and 3.) of the said Act).

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