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(영문) 부산지방법원 2016.03.17 2016고단448
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

204,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. Violation of the Narcotics Control Act;

A. On October 18, 2013, at around 16:00, the Defendant delivered to E, without compensation, approximately 0.1g of a fluent mental medicine clock (one philopopon; hereinafter “philopon”) a fluscopon, which is a fluscopic mental medicine contained in the day-to-day injection period, within a gluscopon parked in front of the D bathum in Kimhae-si, Kimhae-si.

Accordingly, the defendant accepted approximately 0.1g of philophones to E.

B. On January 11, 2016, the Defendant administered philophones by means of infecting the Defendant’s arms with a single-use injection device from Glsting toilets located in Glsting Station F, Gamone-phones, and 0.03g g of philophones into water, and then administering philophones by using a single-use injection device.

2. Around 14:00 on April 13, 2014, the Defendant issued 1.21g of marijuana to E free of charge in front of the door of H University located in F in Kimhae-si, Kim Jong-si.

Accordingly, the defendant received 1.21g marijuana from E.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Seizure records;

1. Investigation report (the result of precise appraisal of the river);

1. Application of Acts and subordinate statutes to investigation reports (reports attached to E judgments);

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2, Article 61 (1) 6, and Article 4 (1) 2 (a) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts;

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. A crime falling under Article 67 of the Act on the Control of Narcotics, Etc. for Sentencing reasons (the scope of a recommendation), such as trading, arranging, etc., of Class 1 (the scope of a recommendation), Class 2 (one year to two years) in the basic area (one year to two years), including the category 2 (mariju, fab, c., etc.), / [the scope of a recommendation / the scope of a recommendation ] medication, simple possession, etc. of the basic area (one month to two years), / [the scope of a recommendation - the person subject to special sentencing] of Type 3 in the basic area (one month to two years) of the Act on the Control of Narcotics, etc. [the scope of a recommendation - the person subject to special sentencing] / the scope of a punishment / the person subject to medication, simple possession

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