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(영문) 부산지방법원 2018.06.22 2018고단166
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Seized evidence 1 or 2 shall be confiscated.

60,000 won from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On March 29, 2017, the Defendant: (a) received KRW 100,000 from the Busan subway C (U.S. M. D); and (b) sold a disposable injection device with approximately 0.07 g of the main mental medicine (i.e., one philopon; hereinafter “philopon”); (c) from around six months until October 26, 2017, the Defendant sold a philopon to E on five occasions, such as the list of crimes.

2. On October 29, 2017, the Defendant administered philophones by inserting approximately 0.07g of philophones into a single-use injection instrument at his/her dwelling (M) around 18:00 on October 29, 2017, and dilution them with water, and administering philophones in a way of injecting them into the spphone.

3. On October 31, 2017, the Defendant, holding a phiphone, holding a phiphone in a manner that puts up one philopon into a single folder containing approximately 0.3g of philopon, and one philopon injection instrument containing approximately 0.1g of philopon in a philopon.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the written investigation of suspect with respect to E;

1. Application of Acts and subordinate statutes on records of seizure and the list of seizure, appraisal, investigation report (12) and cancer transaction prices table;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)

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 48 (1) of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. The grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] Medication, simple possession, etc.

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