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(영문) 부산지방법원 2018.09.05 2018고단2932
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal history] On March 23, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (compact) at the Busan District Court on January 17, 2018 and completed the execution of the sentence.

[Criminal facts]

1. On April 4, 2018, the Defendant, in collusion with C on April 21:10, 2018, injected approximately 0.16 grams of Metepopa (one philopopon; hereinafter “philopon”) which is a local mental medicine at C’s home located in Busan Nam-gu, Busan, by dividing half of 0.16 grams into two for a single injection period, and dilution with water, and administered the philopon by inserting it on the part of each part of the copopasis.

2. On June 5, 2018, the Defendant, in collusion with E on June 5, 2018, included approximately 0.16g of philopon in E’s house located on the F1st floor of Busan District, Busan District, by dividing one half of the half of the one-time injection period into two water, and injected them into water and administered philopon on the part of each part of his arms.

3. On June 30, 2018, the Defendant, at around 21:00, administered a phiphone in a way of inserting approximately 0.16gopon into a single-use injection machine, dilution with water from a male toilet for the 1st floor located in Busan Dong-gu G, Busan, and then administering a phiphone in a way of injecting it on the part of the spopon.

4. On June 30, 2018, at around 23:00, the Defendant injected approximately 0.16g philopon into a single-use injection machine, dilution it with water, and then administered philopon on the part of the spopon.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (to attach a copy of protocol concerning interrogation of the E suspect);

1. Investigation report (the sequence 14, 15 of the evidence list);

1. Each written appraisal;

1. Previous convictions: Inquiries about criminal history, reporting on investigation (Attachment to narcotics), and application of a copy of the judgment statutes;

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal facts (Article 30 of the Criminal Act is added to cases falling under Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the same Act, and each choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Article 67 of the Narcotics Control Act;

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