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(영문) 부산지방법원 2018.08.30 2018고단436
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

"2018 Highest 436" Defendant treated narcotics as follows, even though he is not a handler of narcotics.

1. On July 24, 2017, the Defendant: (a) received approximately 0.03 g of c. omphones (hereinafter “Handphones”); (b) 0.03 g. f. f. f. f. f. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c.s.

2. On January 16, 2018, the Defendant, at around 02:30, administered a scopon medication by inserting the opon into a single-use injection machine with the opon 0.03g from the copon in the Geum-gu, Busan, and the copon copon into the right arms.

Although the Defendant was not a handler of narcotics, etc., on February 2, 2011, the Defendant purchased 350,000 won from the K bank account (L) in the name of J used by I on the 24th day of the same month, after receiving approximately 1 g of the Meptoptotop (one philopon; hereinafter “philopon”) from I in front of the Seocho-gu Seoul Seocho-gu Seoul H Building, and sold Melopon by transfer of KRW 350,00 from the Melopon to the Melopon account in the name of J used by I on the 24th day of the same month.

Summary of Evidence

"2018 Highest 436"

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol of examination of the suspect to each prosecution (including the whole part of the interrogation of the defendant);

1. Copy of the protocol concerning suspect examination of D; and

1. Investigation report (time 7), two copies of the analysis of telephone conversations, and A telephone conversations;

1. Police seizure records;

1. A response to a request for appraisal and a written appraisal;

1. Investigative report (calculated with a surcharge) "2018 Highest 1882";

1. Legal statement of a witness I;

1. A protocol of examination of the suspect to each prosecution (including the whole part of the interrogation of the defendant);

1. Statement made to the prosecution by each prosecutor with regard to I;

1. A written statement of I;

1. A detailed statement of transactions with the K Bank;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant Act and the selection of a punishment are provided for, and Article 60 (1) 3 (b) of the same Act concerning a crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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