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(영문) 부산지방법원 2013.04.12 2013고단282
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated.

400,000 won from the defendant.

Reasons

Punishment of the crime

On August 11, 2011, the Defendant was sentenced to one year and two months for the violation of the Narcotics Control Act, etc. at the Busan District Court on August 11, 201, and completed the execution of the said sentence in the one-year prison for the North Korean defectors on June 5, 2012.

The defendant is not a person handling narcotics.

1. On November 18, 2012, the Defendant sent 30,000 won received from C in front of the Busan Jin-gu D, Busan, to the “F”, and 0.16 g g clopphones received from “F” to C, upon receiving a request from C to request from the psychotropic drugs-related psychotropics (one clopopopon; hereinafter referred to as “phiopon”). On November 18, 2012, the Defendant sent approximately 0.16 g copons received from “F”.

Accordingly, the Defendant arranged to purchase approximately 0.16g of philophones from C, one name “F” in order to purchase approximately 300,000 won.

2. At around 10:00 on January 7, 2013, the Defendant administered phiphones by inserting approximately 0.03g of philopon into a single-use injection machine at the Defendant’s house located in Busan G apartment G apartment 310 dong 1509, and mixing it with water to the left arms.

3. At around 11:40 on January 7, 2013, the Defendant possessed a philophone by inserting approximately 1.03 g of a philophone, which is sealed by the Defendant’s house at the above Defendant’s house, into a wall, in a way that he puts approximately 1.03g of a philophone into a wall.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement of seizure of each police;

1. Each written appraisal (National Science Investigation Institute);

1. Investigation report (to attach details of call call and to calculate an additional collection charge);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It shall be decided as per Disposition on the grounds of Article 67 or more of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;

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