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(영문) 부산지방법원 2012.08.14 2012고단1586
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On January 2, 2012, around 00:0, the Defendant issued approximately 0.03 g of psychotropic drugs, which are psychotropic drugs stored in a white paper, to E in a friendly car operated by E, which was stopped near the Busan Northern Hospital.

2. On February 16, 2012, around 02:00, the Defendant: (a) put about approximately 0.03g of philopon into a single-use injection machine from the toilets of the second floor of Gangseo-gu Busan FFFC Bank; and (b) injected it into one’s arms after dilution with bio-velopon.

Summary of Evidence

Facts No. 1

1. Legal statement of witness E;

1. Statement E in the suspect examination protocol of the accused by the prosecution;

1. Copy of the second protocol of examination of suspect to the prosecution regarding E;

1. E prosecutorial statement;

1. Investigation report (absteping the location of the base station, and the transmission details of A, are extracted;

1. Facts set forth in subparagraph 2 of the investigative report (report on the market price of the Mesphere).

1. Defendant's legal statement;

1. Notification of the results of narcotics appraisal and requests for appraisal;

1. Investigation report (verification of the result of urinal appraisal);

1. Application of Acts and subordinate statutes to investigation reports (report on the current market price of Mesphere);

1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) (a) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) concerning criminal facts, the pertinent provision of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant and his defense counsel asserted in the proviso of Article 67 of the Act on the Control of Narcotics, etc., for additional collection, asserts that the defendant and his defense counsel do not have any written phone delivery to E, and that the statement of E is not reliable.

The following circumstances recognized by the evidence submitted by the prosecutor, the witness E’s legal statement, and the reference materials submitted by the defense counsel, namely, E from the police to the time he/she undergoes the first interrogation by the prosecutor, the delivery of the penphones shall be August 7, 201.

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