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(영문) 부산지방법원 2016.08.25 2016고단3545
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal record] On May 27, 2010, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Narcotics Control Act at the Seoul Western District Court on the following grounds: (a) the Defendant was sentenced to a suspended sentence of one year; and (b) the Defendant was sentenced to a suspended sentence of two years.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On May 8, 2016, the Defendant saw approximately 0.1g of Mepters (one philopon; hereinafter “philopon”) who are a native mental medicine contained in the one-time injection machine from E in the front of D in the G G fishing place located in the Gyeongnam Kim Jong-si, Gyeongnam-si, and administered approximately 0.05g of the above melopon in the above manner after dilution of approximately 0.05g of the melopon with water at the G fishing place located in the G fishing place located in the Gyeongnam-si, Gyeongnam-si, Gyeongnam-si, and then injected approximately 0.05g of the melopon in the above manner.

2. On May 20, 2016, the Defendant: (a) opened a 200,000 won clockphones contained in E in the luminous map near the North IC road located in the GIC in the vicinity of the GIC at the time of around 2016.5 p.m.; and (b) opened the 200,000 won for consideration to E.

Accordingly, the defendant purchased approximately 0.35 gramphones from E in KRW 200,00.

3. On June 18, 2016, the Defendant: (a) administered approximately 0.05 grams in a philopon in a car operated by the Defendant, who was parked in the H apartment parking lot in the city of J, Young-gu, Chungcheongnam-do; and (b) administered approximately 0.05 grams in the manner described in the foregoing 1.

4. On June 22, 2016, the Defendant administered approximately 0.05 g of phiphonephones in the J bus parked in the coast of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong around 22:0 in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police suspect interrogation protocol regarding E;

1. Seizure records;

1. Application of the statutes of the response request for appraisal;

1. Article 60 (3), Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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