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(영문) 부산지방법원 2013.06.14 2013고단1829
마약류관리에관한법률위반(향정)
Text

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

850,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On March 1, 2013, at around 20:00, the Defendant received KRW 150,000 in cash from E in front of the coffee shop near the D market located in Jung-gu, Busan, and traded them by delivering approximately 0.06 g of c.m., a psychotropic drug enclosed to paper.

2. On March 4, 2013, at around 20:00, the Defendant sold and purchased approximately 0.09 g of philophones, which received KRW 500,000 from E, in front of G fire stations located in the G (S) districts of Busan, Seo-gu, Busan, and is 50,000 won and 0.09g of philophones

3. On February 2, 2013, the Defendant: (a) recorded approximately 0.03g of philopon into a single-use injection machine within the toilets No. 102, 1101, both H apartment 101, Yangsan-si, Yangsan-si, Yangyang-si, in a single-use injection machine; and (b) administered them in a way of injecting them into their own left arms in a way of

4. At around 21:00 on March 1, 2013, the Defendant: (a) stored 0.03g of philopon in a single-use injection machine within the toilets No. 102 Dong 1101, Namnam-si, Yangsan-si, in a single-use injection instrument; (b) recorded 0.03g of philopon in a single-use injection instrument; and (c) administered it in a way of

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol regarding E and I;

1. Notice of the results of appraisal of narcotics, and report on request for appraisal (maring - training);

1. Application of Acts and subordinate statutes to each investigation report (with respect to attachment of a detailed statement of call, reporting on the transaction volume of phiphones sold by a suspect, with regard to additional collection charges, investigation into the market price of mert cancer and calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the 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. Sentence of the same punishment as the disposition shall be imposed in consideration of all the circumstances, such as the criminal conviction, age, health status and family relationship of the defendant in the reason of sentencing under the proviso to Article 67 of the Narcotics Control Act;

It is so decided as per Disposition for the above reasons.

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