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(영문) 부산지방법원 2017.09.08 2017고단3485
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence 1 or 2 shall be confiscated.

30,000 won from the defendant.

Reasons

Punishment of the crime

On January 29, 2016, the Defendant was sentenced to one year by this court for a violation of the Narcotics Control Act, and completed the execution of the sentence in the Net Prison on November 18, 2016, and was not a narcotics handler.

1. At the end of April 2017, the Defendant: (a) 5 months after being released from the Macphone medication at the Macel; (b) on April 2017, 2017, the Defendant administered the Macphone in the way of inserting approximately 0.07g g of the Maclopon (hereinafter “Maclopon”), a primary mental medicine, into a single-use injection machine; and (c) dilution with water; and (d) injection into the body.

2. On July 1, 2017, the Defendant administered philophones in Maurel on July 1, 2017 in the same manner as the preceding paragraph of the 0.03g g of philophones from the Maurel (trade name and heading room) located in Busan Dong-gu, Busan, on July 1, 2017.

3. On July 2, 2017, the Defendant administered philophones in a telecom in the same manner as Paragraph 1, at the guest room of the mother telecom, such as Paragraph 2, at night, in the same manner as Paragraph 2, of the said paragraph.

4. On July 3, 2017, the Defendant possessed approximately 0.15 g of phiphonephones by inserting one plastic bag containing approximately 0.11g of philophones and one plastic bag containing approximately 0.04g of philophones in the hands room, which was cited in front of F on the street (MMMG G) around 15:00 on July 3, 2017.

[Judgment of the court below] The defendant argues to the effect that the crime of this case is too likely to be caused by the naval investigation using H, and thus, it is too likely that the crime of this case was committed by the application of carbon et al. before and after that time.

It is illegal to arrest a person who does not have the original criminal intent by means of an investigative agency's deception, attack, etc. to induce criminal intent.

Whether it constitutes an illegal naval investigation in a specific case is the type and nature of the crime, and the inducer.

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