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(영문) 부산지방법원 2017.09.14 2017고단3995
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

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 21, 2017, in the vicinity of D Hospital located in Daegu-gu, Daegu-gu, the Defendant purchased a penphone with delivery of approximately KRW 4g of the Mesopha (one philopon; hereinafter “philopon”).

2. On July 26, 2017, around 23:00, the Defendant put about approximately 0.05g of philopon into a single-use injection machine and dilution it with water within a passenger car parked at an underground parking lot in the residence of the Defendant in Daegu-gu, Daegu-gu, the Defendant administered philopon in a way of injecting it into the spopon.

3. On July 28, 2017, at around 06:30, the Defendant put about approximately 0.05g philopon into Gel 302 heading room located in the Busan East-gu, Busan-do, in a single-use injection instrument, dilution with water, and then administered philopon in a way of injecting it into the spopon.

4. On July 28, 2017, the Defendant: (a) around 09:45, around 09:45, 2017, posted 3.53 gylphones into two vinyl 3.53 gylphones and four for single-use cellphones; (b) carried phiphones in a way that melts in three for a single-use cellular phone and puts phiphones into three for a single-use cellular phone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records;

1. A written appraisal of seized articles and a written appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, and selection of a person who is sentenced 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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