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(영문) 부산지방법원 2018.10.31 2018고단3181
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

[criminal records] On May 13, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Fisheries Act at the Incheon District Court, and the execution of the sentence was terminated on December 15, 2016.

[Criminal facts] The Defendant is not a narcotics handler

1. Medication of phiphones;

A. A. On November 2017, the Defendant conspired with B, in collusion with DMoel E, located in Goseung-gun C, the Defendant melted the water into two for a single-use cronon, one part of which is a local mental medicine, into approximately 0.03g of a single-use cronon, and melted the water, one of which was melted into B’s arms and blood, and the remainder was injected into his arms in a way of injection into his arms.

B. On July 8, 2018, around 17:50, the Defendant: (a) melted Gel H heading room located in Busan F with water in a single-use injection machine of approximately 0.05g philopon into water; and (b) administered philopon into his arms in a way of injecting it into his arms.

(c)

On July 8, 2018, the Defendant administered approximately 0.05g philophones in the same place as before around 20:00 in the foregoing manner.

2. On July 8, 2018, the Defendant, at around 18:00, issued a penphone to B with approximately 0.05g philopon at Gel H H’s store located in Busan F, Busan, for free.

3. On July 8, 2018, the Defendant possessed philophones by inserting approximately 0.2g of philophones contained in transparent vinyl H base in the Defendant’s household room in a manner of keeping them in the Defendant’s household room.

Summary of Evidence

1. Statement by the defendant in court;

1. A third-time protocol concerning the examination of the suspect against the defendant;

1. Protocols of police seizure and list of seizure (lists of evidence 2, 3);

1. Report of investigation (a copy of protocol concerning the interrogation of suspect B);

1. Each written appraisal (the sequence 20, 21, 22, 25, 26 of the evidence list);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (Attachment to rulings related to the period of repeated crimes of suspects);

1. Article 60(1)2 and Article 4(1) of the Act on the Management of Narcotics, Etc. for the sake of criminal facts and the selective punishment.

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