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(영문) 부산지방법원 2013.06.27 2013고단2116
마약류관리에관한법률위반(향정)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

Defendant Nos. 5 and 6 of seized evidence.

Reasons

Punishment of the crime

1. Defendant A is not a handler of narcotics.

At around 14:00 on April 3, 2013, the Defendant provided approximately 0.03 grams of psychotropic drugs to B, from H funeral hall located in G of the Seo-gu Busan Metropolitan City, M.C. M. M. Do.

B. On April 9, 2013, at around 06:00, the Defendant injected approximately 0.03g of philopon into a single-use injection machine at the Defendant’s house, Jung-gu, Busan, 12 208 (J apartment) and 208 (J apartment), in a way of injecting it into a diverscule, and dilution with bred hand, etc., and then administering it.

C. On April 9, 2013, around 10:35, the Defendant carried approximately 0.06 grams in the house located in the Seo-gu Busan, Seo-gu, Busan, by inserting approximately 0.06gopon in a single-time injection machine, and storing it in the Australian machine.

2. Defendant B: (a) around 14:00 on April 3, 2013, around 14:00.

Before receiving approximately 0.03 grams from A and being kept, around April 7, 2013, around 15:00, the Defendant’s house located in Seo-gu Busan, entered about approximately 0.03g of the said philopon into a one-time injection machine, dilution with the aquatic dilution, and administered it in the left fluorries.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement of the police concerning L;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Application of Acts and subordinate statutes to investigation reports (Attachment, etc. of photographs of seized articles);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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

1. The main sentence of Article 67 of the Act on the Control of Narcotics, etc.;

1. Defendant A: The reason for sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at the market price for delivery and medication once as indicated in the judgment of the court below x 2 Defendant B: 100,000 won at the market price for medication once as stated in the judgment of the court below); and

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