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(영문) 부산지방법원 2016.04.07 2016고단928
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

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

1. On February 14, 2016, the Defendant delivered approximately 0.05 g of the Mesophical mental medicine (one philopopon; hereinafter “philopon”) to L, and received narcotics, etc. by delivering approximately 0.05 g of the Melopon, which is a local mental medicine, to L.

2. The Defendant 1 administered narcotics in such a way as to put approximately 0.03g of philophones into a single-use injection machine, dilution with water, and then injecting them into arms.

3. On February 23, 2016, at around 19:00, the Defendant administered narcotics, etc. in such a manner as to put about approximately 0.03g of phiphones into a single-use injection machine, dilution with water, and injecting them into arms.

4. On February 25, 2016, around 12:15, the Defendant possessed narcotics, etc. by inserting them in the instant place, and in the case for the purpose of storing bridges containing approximately 0.05g opphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of a protocol concerning the examination of suspect with respect to L;

1. Seizure records;

1. Investigation report (attaching photographs of the results of appraisal of seized articles);

1. Application of Acts and subordinate statutes to an investigation report (any text message as a result of a minor precise appraisal - both genders);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment);

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Crimes 1 for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] 3 types (the scope of punishment ] 3 types (the scope of recommendations 10 months to 2 years), including the medication and simple possession of the basic area (1 year to 2 years), 2 types (1 year to 2 years), 3 types (2 years to 3 years to 3 (2 years to 10 months to 3 years) of the basic area (10 months to 2 years) of the Act on the Control of Narcotics, Etc.

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