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(영문) 부산지방법원 2017.04.28 2017고단1325
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On December 5, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Narcotics Control Act for a violation of the Act on the Control of Narcotics, etc., at the Daejeon District Court on May 1, 2014, and was sentenced to eight months for a violation of the Act on the Control of Narcotics, etc. at the Daejeon District Court on July 4, 2014 during the said suspended sentence, and the said suspended sentence became final and conclusive on July 18, 2015, and completed the execution of the said sentence at the Ansan Prison on June 18, 2015.

Defendant is not a narcotics handler.

1. On August 20, 2016, the Defendant, along with AD, conspired with I to purchase clocks (one clickphone (one clickphone; hereinafter “clickphone”), which are a local mental medicine, and received approximately 5g clickphones sent by I from N to non-city bus baggage on August 20, 2016, and then sent the Defendant’s money totaling KRW 200,000 won and KRW 1.8 million to I using a bus check around 07:40 on August 21, 2016.

Accordingly, the defendant in collusion with AD purchased phiphones from I.

2. The Defendant, on August 20, 2016, administered phiphones by inserting water into a single-use injection instrument containing approximately 0.03g of phiphones within his/her own car parked near AE on August 20, 2016, and administering phiphones in a way of injection into his/her arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect, or copy of the protocol concerning the examination of suspect by the police in relation to AD;

1. Written statements of AD;

1. Court rulings (5 times a year), investigation reports (8,10,13 times a year);

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (netly six times), and application of statutes governing judgment;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, Article 30 of the Act on the Selection and Management of Narcotics, etc. for Criminal Facts, and Selection of Imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

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