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(영문) 부산지방법원 서부지원 2019.11.29 2019고단2012
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 9, 2019, the Defendant received one disposable injection machine from D without compensation, which contains approximately 0.07 grams of Mepters (one philopon; hereinafter “philopon”) in the alleys adjacent to a shopping mall located in Seongbuk-gu, Sungwon-si, Sungwon-si.

Accordingly, even if the defendant is not a person handling narcotics, he received psychotropic drugs.

2. On February 9, 2019, at around 20:00, the Defendant injected approximately 0.07 grams into the Defendant’s arms by dilutioning 0.07g of philophones at the e-mail center office where the Defendant works in the window E of Changwon-si, Changwon-si.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

3. On September 3, 2019, at around 21:00, the Defendant injected approximately 0.03g of phiphones into the Defendant’s arms by dilutioning 0.03g of philophones with fresh water at the office of the relevant presses center.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning suspect examination of D;

1. A report on investigation (the results of appraisal of injections and urines-training) and a report on requests for appraisal;

1. Records of seizure and the list of seizure;

1. Details ofF text conversations, the restoration of the details of conversations D and A of suspect A, recording records, and application of statutes of the judgment;

1. Selection of imprisonment, as provided in Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The society of narcotics crimes on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order.

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