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(영문) 부산지방법원 2013.06.14 2013고단895
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant

A person handling narcotics is not a person handling narcotics.

1. On November 23, 2012, the Defendant administered a philopon by mixing it with water at the Defendant’s home located in the Youngdo-gu, Busan, Busan, on November 23, 2012, around 21:25, the Defendant administered a philopon by means of injecting approximately 0.03g of psychotropic drugs (one philopon; hereinafter “philopon”).

2. On November 23, 2012, at around 22:00, the Defendant: (a) received a request from D to seek phiphones from D; (b) received cash KRW 300,000 from E to seek phiphones; and (c) accepted E.

On November 23, 2012, the Defendant: (a) 23:55 on November 23, 2012, 2012, 30,000 won in cash to E in the street located near G in the Dong-gu, Busan; (b) dried up a disposable injection device containing approximately 0.56g philopon; and (c) laid down the said philopon to D in a taxi driven by H that was parked near it.

Accordingly, the defendant assisted the trade of philophones between E and D.

3. At around November 24, 2012, the Defendant administered philophones by means of receiving approximately 0.03g of the philophones purchased from E at the above Defendant’s home from D and inserting the philophones into a one-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part of the part-time part-time part-time part-time part-time part-time

4. Around December 5, 2012, the Defendant administered chophones at the home of the above Defendant around 21:00 on December 5, 2012, in a way that chophones are put on a coffee with approximately 0.03g of chophones on a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police suspect's interrogation protocol for H, D, and E;

1. Notification of the results of appraisal of narcotics, etc., notification on the results of appraisal of narcotics, etc., and notification on requests for appraisal;

1. Application of Acts and subordinate statutes to an investigation report;

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. The Criminal Act among concurrent crimes.

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