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(영문) 부산지방법원 동부지원 2014.07.23 2014고단473
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On March 18:50, 201, the Defendant: (a) provided E with KRW 200,000,000,000 to G in front of G Hospital located in the Busan Suwon-gu, and (b) purchased approximately 0.35 g of psychotropic drugs from E within the Defendant’s vehicle parked in front of the G Hospital located in the Busan Suwon-gu, on the same day, around 19:00 on March 1, 2014.

2. On March 20, 2014, around 20:00, the Defendant: (a) dumped 0.03g of philopon into a scopon on a alleyway and administered the Defendant’s copon in a single-use injection machine; and (b) injected the Defendant’s copon into the scopon.

3. On March 14, 2014, at around 14:00, the Defendant administered approximately 0.03 g of philopon within the Defendant’s car stopped on a alleyway, such as the foregoing paragraph 2, in the same manner as the foregoing paragraph 2.

4. On March 14, 2014, at around 14:00, the Defendant administered approximately 0.03g of philopon in the Defendant’s car located on the road side near the Busan-dong, Busan-dong, which was parked on the road near the Busan-dong, in the same manner as the above paragraph 2.

5. On March 14, 2014, at around 14:00, the Defendant administered approximately 0.03g of philopon in the Defendant’s vehicle located on the road side near the Busan-dong, Busan-dong, in the same manner as the above paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written appraisal;

1. Application of Acts and subordinate statutes reporting the market price of meta-mine;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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