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(영문) 부산지방법원 2019.03.15 2018고단5332
마약류관리에관한법률위반(향정)
Text

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

300,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court, and on July 31, 2017, the Defendant was not a person who completed the execution of the above sentence, nor a person handling narcotics.

1. With respect to the facts charged for the sale of a machinephone (i.e., the “written phone”; hereinafter referred to as the “written phone”), the prosecutor submitted an application for changes in the indictment on February 21, 2019 to the effect that the facts charged for the receipt of the written phone are added as the preliminary facts charged, and the application for changes in the indictment was approved on the fourth trial date.

However, as long as it is found guilty of the primary facts charged, there is no separate judgment on the ancillary facts.

On November 7, 2018, the Defendant, at around 20:0, sold 20,000 won in cash to B, on the street in the vicinity of the Dongpo-dong Office located in Busan, Seopo-dong.

2. At around 19:00 on November 26, 2018, the Defendant injected 0.05 grams at the Defendant’s house located in Busan Northern-gu C into a single-use injection machine, dilution with water, and injected her arms.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Partial statement of witness B in the third protocol of trial;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Copy of each protocol of examination of suspect concerning B by the prosecution;

1. Records of seizure and the list of seizure;

1. A written appraisal;

1. Investigation report (related to calculation of additional collection charges), and monthly trend of narcotics;

1. Previous convictions in the judgment: Criminal records, investigation report (Attachment to the judgment), judgment, personal confinement status of the defendant, and the defendant sent a penphone to B and received KRW 200,000 from B, but this is merely equivalent to the amount of money to the defendant, and there is no fact that B sent a penphone between B and B, and there is no fact that B sold a penphone to B.

However, this Court is legitimate.

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