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(영문) 부산지방법원 2015.09.10 2015고단4332
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

1.20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On June 1, 2015, the Defendant: (a) around 23:40 on June 1, 2015, set up a CranxG car in front of the return library located in the Busan Shipping Daegu-dong; and (b) purchased approximately KRW 5g of psychotropic drugs (hereinafter “Chophone”) from D for about 1.1 million and traded narcotics.

2. Even if the Defendant is not a narcotics handler, on July 2, 2015, around 15:30, the Defendant set up the said car at the 103 parking lot of Jinhae-gu E apartment 103, Changwon-gu, Changwon-si, and added approximately 0.03g of philophonephones to the single-use injection machine, and injected narcotics, etc., after mixing them with water.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Seizure records;

1. Report on the result of the preliminary test of narcotics;

1. Application of Acts and subordinate statutes on trading lists by account;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. For the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc., the penalty shall be additionally collected: Type 1 crime [the scope of recommendations] Medication, simple possession, etc. 3 (one year to three years) (the period of suspension of execution within three years) of the aggravation area (the period of suspension of execution within three years) of the same previous crimes (the scope of recommendations)] 2 of the Act on the Control of Narcotics, etc. (the scope of recommendations 8 to one year), purchase for medication, simple possession, etc. or the final sentence following the aggravation of multiple criminal crimes of the same kind (the period of suspension of execution within three years) : One year to three years;

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