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(영문) 부산지방법원 2015.06.19 2015고단476
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Even if the Defendant is not a handler of narcotics, on March 2014, at “D Chinese restaurant” operated by the Defendant in Kimhae-si, the Defendant received a disposable injection device containing approximately 0.1g of psychotropic drugs from E, psychotropic drugs, and administered narcotics, etc., by mixing them with water, to the Defendant’s left-hand bloodline.

2. On September 8, 2014, the Defendant purchased approximately 0.05 grams from G before the Defendant’s home located in Kimhae-siF at around 23:20 on September 8, 2014, and purchased approximately 0.05 grams from G to 50,00 won, and immediately, in the Defendant’s home toilets, stored the phiphone purchased from the Defendant’s home toilets into a disposable injection machine for use, mixed with water, and traded and administered narcotics, etc. by taking them into the left blood line.

3. Even if the Defendant is not a narcotics handler, around 19:40 on September 16, 2014, the Defendant, in collusion with E, remitted 200,000 won of philopopopopopopopopopopopopon to the agricultural cooperative account in the H’s name used by G, which is a philopopon distributor, and the Defendant, around 22:30 on the same day, purchased and sold narcotics, etc. from G from “D Chinese restaurant” as described in paragraph (1) of the same Article.

4. Even if the Defendant is not a narcotics handler, on September 16, 2014, at around 23:20, the Defendant injected narcotics, etc. by inserting approximately 0.1g of philophones purchased, as described in paragraph (3), into a single-use injection machine, and mixing them with water, and administering them.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each protocol of suspect examination of E and G;

1. Investigation Report - Hearing reports on the contents of conversations between a suspect and G - recording reports;

1. Application of the Acts and subordinate statutes notifying the results of narcotics appraisal;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Crimes, Article 30 of the Criminal Act, and the choice of imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act;

1. Management of narcotics, etc. additionally collected;

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