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(영문) 부산지방법원 서부지원 2017.08.30 2017고단701
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On December 9, 2016, the Defendant: (a) called “B” at a non-permanent place; (b) intended to purchase Metepoptye (one philoopopon; hereinafter “phiopon”); (c) transferred KRW 550,000 to B’s account under the name of B as the price therefor; and (d) received and traded approximately 0.54 gramopon, sent by B from “D” in the Government-Si, Sin Government-si, to “B” on December 11, 2016.

2. On December 12, 2016, the Defendant administered approximately 0.03 grams of Gel 206 Gaphonephones purchased as described in subparagraph 1 of Article 206, on a daily basis, in a way of dilution with aquatic dyscopic dys and melting them into one’s left arms.

3. On December 12, 2016, at around 06:00, the Defendant administered approximately 0.03g of phiphonephones purchased as indicated in subparagraph 206 of the above G telephones, by dilutioning approximately 0.03g of biophones into aquatic water, and by placing them into his/her left part of blood transfusions.

4. On December 12, 2016, around 09:40 on December 12, 2016, the Defendant filed a lawsuit by inserting approximately 0.54gg of philophones purchased as described in subparagraph 1 in Seongbuk-gu Seoul Metropolitan Government H in a single-use injection equipment.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure;

1. The application of Acts and subordinate statutes concerning the appraisal statement of narcotics, transaction details by account, investigation report (related to the calculation of additional charges);

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

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 (i.e., reflectiveness, trade for simple medication, and consideration given to the absence of previous convictions in the same kind);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

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