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(영문) 부산지방법원 동부지원 2018.09.18 2017고합280
마약류관리에관한법률위반(마약)등
Text

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

One pipe (No. 1) used in smoking any seized marijuana.

Reasons

Punishment of the crime

[criminal records] On February 13, 2014, the Defendant was sentenced to imprisonment for four months, eight months, and the execution of the above sentence was completed on January 29, 2015, by the Seoul Central District Court.

[2] The Defendant is not a handler of narcotics, etc.

1. Around 11:00 on May 30, 2017, the Defendant: (a) placed in the house of heading C of the building B in the Busan Suwon-gu, Busan, in a fluoral disease, the fluoral alcohol and the fluoral leaf leaves 32g of a fluoral leaf containing a fluoral ingredient, in a fluoral disease; and (b) fluoral leaves 32g of a fluoral leaf.

2. Violation of the Narcotics Control Act;

A. On May 3, 2017, at around 05:00, the Defendant took part in the clothes store operated by G near Felher in Busan Jung-gu, Busan, for approximately four-time medication of Mepta (one penphone; hereinafter the same shall apply), which is a local mental medicine, to said D without compensation.

B. On May 30, 2017, around 11:00, the Defendant: (a) provided D with approximately two-time medication of philopon ( approximately 0.1g) at the home of the building C in Suwon-gu, Busan; and (b) provided a flopon to D free of charge.

(c)

On June 7, 2017, at around 03:00, the Defendant provided D with approximately four-time medication of philopon ( approximately 0.2g), free of charge, to the said D on the road located in H in Busan Northern-gu, Busan-do.

(d)

On November 15, 2017, the Defendant: (a) provided L with approximately 0.245g of philopon free of charge at the K representative driving office located in the Gandong-gun, Gandong-gun, Gandong-gun.

As indicated below in the judgment of innocence, the violation of the Act on the Control of Narcotics, etc. by the Sale of Handphones among the facts charged of the instant case is proved to the extent that there is no reasonable doubt.

However, the fact that the defendant delivered philophones to L when it comes to this court is recognized that the defendant delivered philophones without compensation, and there is evidence of reinforcement, such as L's statement supporting the confession. Thus, the sale of philophones as stated in the indictment of this case is caused.

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