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(영문) 부산지방법원 서부지원 2017.12.07 2017고단1532
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

Even if the Defendant is not a narcotics handler, the Defendant handled Metepha (one philopon; hereinafter referred to as “philopon”) as follows.

1. The Defendant was aware on March 201, 201, from Gangseo-gu Busan, Busan 401, and prior to this;

D 0.035g of philophonephones were put in a disposable injection machine, dilution was made in such a way as to have the Defendant injection in his arms after dilution.

2. On March 30, 2017, the Defendant: (a) inserted approximately 0.035g of philophones purchased from the above D in a disposable injection machine for about KRW 100,000,00; and (b) injected them by means of injection after dilution them in a disposable injection machine.

3. On April 11, 2017, the Defendant: (a) inserted approximately 0.035g of philophones purchased as above in a single-use injection machine; and (b) injected them by dilution after dilution, among the philophones purchased as above.

4. On October 24, 2017, at around 14:00, the Defendant injected approximately 0.035g philopon into a single-use injection machine at the residence of the Defendant in Gangwon-do East Sea, Gangwon-do, 109 Dong 503, and 0.035g philopon into a single-use injection machine, and dilution it in such a way as to injection.

5. On October 25, 2017, at around 14:00, the Defendant injected approximately 0.035g phiphones into a single-use injection machine, dilution, and injection, as above, at the Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of legal and chemical appraisal;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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. The fact that five times the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. have the same criminal records and the number of times of medication.

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