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(영문) 부산지방법원 서부지원 2019.06.21 2019고단817
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On March 2019, the Defendant: (a) received a single-use injection device containing approximately 0.035 grams from C at the scopic room at the scopic room at the scopic room at the scopic site of Busan, Seo-gu apartment construction site; (b) received a single-use injection device containing approximately 0.035 grams; and (c) 0.035g of the said scopic phone from the same place on the same day.

Accordingly, even if the defendant is not a person handling narcotics, he received and administered psychotropic drugs.

2. From April 2, 2019 to around the 3th day of the same month, the Defendant paid 300,000 won in cash to C in front of the site of the apartment building B in Busan, Seo-gu, Busan, and received a delivery from C for one-time guards containing approximately 0.07 grams from C.

Accordingly, even if the Defendant is not a person handling narcotics, the Defendant traded psychotropic drugs.

3. On April 4, 2019, the Defendant inserted approximately 0.035 gopon in the back part of the D building in a single-use injection machine, and injected them into the Defendant’s arms.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

4. On April 9, 2019, the Defendant inserted approximately 0.035 gopon in the back part of the D building in a single-use injection machine, and injected them into the Defendant’s arms.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (related to the calculation of an additional collection charge);

1. Seizure records (12 pages of investigation records) and the list of seizure (13 pages of investigation records);

1. A narcotics appraisal report, a gene appraisal report, a report on the preliminary experiment for narcotics, a drilling report (Attachment to an electronic appraisal report), a drilling report (Attachment to an narcotics appraisal report), and a drilling report;

1. The provisions of Acts and subordinate statutes governing the photograph of seized articles, the result of simplified test, and the sale of suspect posts and photographs;

1. Article 60 (1) 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;

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