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(영문) 부산지방법원 서부지원 2017.06.12 2017고단317
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

Defendant is not a narcotics handler.

1. On April 21, 2017, the Defendant purchased and sold approximately 0.8g of 300,000 won for Mepters (one philopon; hereinafter referred to as “philopon”) who are a local mental medicine medicine from D in front of the Changwon, Changwon-gu, Changwon, Seoul.

2. On April 23, 2017, the Defendant administered approximately 0.05g of philophones purchased from the Defendant’s home located in the window E of Changwon-si, as described in paragraph 1, by dilutioning approximately 0.05g of philophones purchased from the Defendant’s home located in the window E of Changwon-si, and by melting them into mecons with mecons by using a disposable injection device.

3. On April 24, 2017, at around 10:20, the Defendant filed a lawsuit by storing approximately 0.75g of the penphones purchased, as described in subparagraph 1, from G hotel 505 to G hotel located in Busan Dong-gu, Busan, by means of storing approximately 0.75g in the household.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Investigation reports (the attachment, etc. of data verifying the confirmation of the communications and monetary records with the upper line D);

1. Each written appraisal;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact of crime and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes as provided for in the Act on the Control of Narcotics, etc. Due to Purchase and Sale of Handphones with the largest quality of the crime);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 62-2 (2), and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Courses;

1. The main sentence of Article 67 of the Confiscation Narcotics Control Act (No. 1 and No. 2 of the No. 1 and No. 3 of the No. 1 and No. 3 of the No. 1 and No. 3 of the No. 1 of the No. 2 of the Act excluding the dilution 0.02g, respectively, consumed by appraisal, and the dilution 0.36ml, respectively) (the evidence submitted by the prosecutor alone) is the Act on the Control of Narcotics, Etc.

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