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(영문) 부산지방법원 동부지원 2018.10.31 2018고단1803
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around July 2009, the Defendant: (a) put in the 2nd floor room of the sea-bed, “C” located in the Jungsan-gu, China, China, with D and E, Meettoptop (one philophonephone; hereinafter, the same shall apply) in a glass pipe rink; and (b) drhump rink was injected as soon as possible by heating the raw water.

The Defendant, in collusion with D and E, administered philophones.

2. On November 2009, at the same place as D/F around November 1, 2009, the Defendant inhaled, as soon as possible, the postponement that occurred by heating the volume of penphones in the same manner as D/F paragraph 1.

The Defendant, in collusion with D or F, administered philophones.

3. On August 201, 201, the Defendant inhaled, as soon as possible, the smoke that occurred by heating the volume of philophones in the manner described in paragraph 1, from a bittel located in the Jung-gu in Busan Metropolitan City of Daejeon, China, along with G of China, as well as G of China.

The Defendant conspiredd with G to administer philophones.

4. On October 31, 201, at around 16:00, the Defendant inhaled “I” sources of “I” located in the Chinese Development Zone H, as soon as possible the postponement that occurred by heating the volume of phiphones in the same manner as paragraph 1, with J, K, L, etc.

As such, the Defendant, in collusion with J, K, L, etc., administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspects of E;

1. Statement made by the police with regard to F;

1. Application of examination marks, response to requests for appraisal, investigation reports (report on market price of narcotics related to additional collection charges) and statutes;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures and orders to provide community service;

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