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(영문) 부산지방법원 2012.10.12 2012고단6758
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

60,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 26, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Busan District Court on September 26, 2008 and completed the execution of the sentence on January 25, 2010, and is not a person handling narcotics.

1. Around 15:00 on May 11, 2012, the Defendant received KRW 200,000 in cash from D, which was known to be a local back-air at the event located in the Busan East-gu C Park, Busan, the Defendant sold one disposable injection device containing approximately 0.14 g of psychotropic drugs (hereinafter referred to as “copon”).

2. On June 13, 2012, at around 22:00, the Defendant: (a) received KRW 300,000 from D in cash from D at the front of the hotel in the Dong-gu, Busan; and (b) sold a disposable injection machine containing approximately 0.21g of opon to D.

3. On August 11, 2012, at around 20:10, the Defendant, at the fourth floor of G toilets located in the 4th floor of the building where the trade name located in Busan Dong-gu F is unknown, injected a philophone 0.05g g, which is contained in the disposable injection machine, by means of dilution with aquatic dives, and then injection with its meconium.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police about D;

1. Notification of the result of appraisal of narcotics;

1. Investigation report (investigation of the current market price of Metep cancer and calculation of additional collection charges);

1. Previous convictions: Application of criminal records and investigation reports (related to confirmation of final release) and statutes;

1. Relevant Article of the Act on the Control of Narcotics, etc. (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same shall apply), Articles 60(1)3, 4(1), and 2 Subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply), Articles 60(1)2, 4(1)1, and 2 Subparag. 3(b) of the Act on the Control of Narcotics, Etc., and Article 2 Subparag. 3(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, May 11, 201; hereinafter the same)

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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