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(영문) 부산지방법원 2017.03.03 2015고단6348 (1)
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 6 or 7 shall be confiscated from the accused.

Reasons

Punishment of the crime

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

1. C and joint criminal defendants, around 16:00 on September 14, 2015, administered phiphonephones in a manner that inhales the smoke that occurred by heating the phiphones into a stalter on the gambling ground, at around 16:01, Guro-gu Seoul, the Defendant’s residence, and then inhales the phiphones by using the stalter as soon as possible.

Accordingly, the Defendant conspired with C to administer philophones.

2. Single-use;

A. On September 13, 2015, the Defendant: (a) around 21:30 on September 13, 2015, at the ward 108-dong 308-dong 308 of the Dongjak-gu Seoul Metropolitan Government apartment housing of 10.6 grams of oponononon to E; (b) around September 14, 2015, the Defendant received KRW 500,000 from E as the price for the said oponon from the H’s street around Guro-gu Seoul Metropolitan Government.

Accordingly, the defendant sold approximately 0.6g 0.6g opphones to E in KRW 500,000.

B. On September 15, 2015, at around 02:40, the Defendant: (a) placed approximately 0.1g of philophones in front of Guro-gu Seoul Metropolitan Government I on a tobacco stuff; (b) carried philophones in a way that they are stored in the Defendant’s wall bags and kept them in the Defendant’s wall.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of part of the defendant in the third public trial record (limited to the whole of facts constituting the crime in paragraphs (1) and 2-B, and to the statement that he/she has delivered a penphone to E in cases of paragraph (c));

1. Statement C in the first trial record;

1. Each statement of witness E in the fourth public trial records, from among the witness J and the seventh public trial records;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each protocol concerning the examination of suspect by the prosecution against J, E, and C;

1. Notification of each appraisal report and the results of legal and chemical appraisal (A-Purine training);

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to a investigation report (related to the calculation of a surcharge and the claim for collection preservation order);

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, Article 30 of the Criminal Act, Article 60 of the same Act, and Article 60(1)3(b) of the Act on the Selection and Management of Narcotics, Etc., and Article 60 of the same Act

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