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(영문) 부산지방법원 2018.02.22 2017고단5636
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 June 6, 2017, around 17:00, the Defendant: (a) inserted approximately 0.05g of Melopon into a single-use injection machine; (b) added 0.05g of Melopon into the bar of “E” clothes store operated by D located in Busan Jung-gu, Busan; (c) Melopon into the toilet of “E” clothes store; and (d) administered melopon in a way of injecting it into the body of arms.

2. On June 9, 2017, around 05:00, the Defendant: (a) injected 0.05g of philophones delivered from G in a single-use diversary storage in Busan-gun FF-gun; (b) injected them into a single-use divers; and (c) injected philophones with water; and (d) injected them into the blood cells.

3. On June 11, 2017, the Defendant, around the new wall, injected approximately 0.05g of phiphonephones into a single-use h apartment (H. 1710), the domicile of the Defendant, with water, and administered phiphones by means of infecting them into the blood cells.

4. On July 7, 2017, at around 00:30, at the same place as the above “3”, the Defendant injected approximately 0.05g gopon into a single-use injection machine, dilution with water, and administered phiopon in a way of injecting it into the spopon.

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 each drug;

1. Investigation report (including evidence attached thereto, 10, and 10 times a year);

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

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

1. Selection of each sentence of 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 Criminal Procedure Act of the Provisional Payment Order.

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