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(영문) 부산지방법원 2016.07.07 2016고단1711
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

600,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On February 2, 2016, the Defendant sold and purchased narcotics, etc. by selling approximately KRW 0.5g of 20,000,000 to E, in front of the D subway Station and the Defendant’s residence located in Busan Metropolitan Government B. D subway Station.

2. On February 2, 2016, at around 22:00, the Defendant administered narcotics, etc. in a way of inserting approximately 0.1g of phiphone into a single-use injection machine, dilution with raw water, at the residence of the Defendant located in Busan B, Busan, and injection into the arms.

3. On February 2, 2016, at around 05:00, the Defendant administered narcotics, etc. in a way of inserting approximately 0.1g of phiphone into a single-use injection machine, dilution with raw water, at the residence of the Defendant located in Busan B, Busan, and injection into the arms.

4. On April 5, 2016, the Defendant administered narcotics, etc. in a way of inserting approximately 0.1g of phiphone into a single-use injection machine, dilution with raw water at the Defendant’s residence located in Busan B, Busan, and injection into the arms.

5. On April 6, 2016, at around 05:00, the Defendant administered narcotics, etc. in a way of inserting approximately 0.1g of phiphone into a single-use injection machine, dilution with raw water, at the residence of the Defendant located in Busan B, Busan, and injection into the arms.

Summary of Evidence

1. Statement by the defendant in the court (in the case of paragraph (1), it shall be limited to the facts of delivery);

1. Statement of witness E;

1. Copy of each protocol concerning the examination of suspect with respect to E or G;

1. Seizure records;

1. Application of Acts and subordinate statutes to the investigation report (the result of precise appraisal of the river);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

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. Two types of crimes (the scope of recommendations), including the sale and purchase of, and assistance to, the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

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