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(영문) 부산지방법원서부지원 2020.08.12 2020고단278
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and ten months.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

1. At around 10:00 on February 7, 2020, the Defendant injected approximately 0.03 grams of psychotropic drugs-related psychotropic drugs-related Mesofts (i.e., one philopon; hereinafter “philopon”) into the Defendant’s arms at the 1st floor office operated by the Defendant in Sacheon-si B, Sacheon-si.

2. The Defendant, at around 16:30 on the same day as in the preceding paragraph, stored plastic bags containing approximately 3.5 g of philophones in bubanes, and stored a disposable injection machine containing approximately 0.2ml of water in which philophones are dilution, and stored in a single-use injection machine containing approximately 0.2ml of water in which philophones are dilution.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A protocol concerning the suspect examination of the accused;

1. Records of seizure and the list (the investigative records, No. 14, 15 pages);

1. Report on investigation (in cases of arrest of a suspect, face-to-face photographs of seized articles), and report on investigation (in cases of calculation of an additional collection charge);

1. Application of each reply to each request for appraisal (2020-S-1030) statute;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with labor for a crime;

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

1. Confiscation Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Act on the Control of Narcotics, etc.;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act against the provisional payment order (unlawfulness in investigation into warships and arrest of flagrant offenders

1. Summary of the assertion

A. It is true that the Defendant administered and possessed philophones as stated in the judgment.

B. However, in the instant case, “H” was cruel as if the Defendant administered the same drug as the Defendant, and accordingly, “H” can be administered.

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