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(영문) 부산지방법원 2018.02.09 2017고합645
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years 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

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

1. On August 2017, the Defendant: (a) attempted to manufacture a penphone, and (b) entered the search language called 'methth' on the Internet E site in order to manufacture a penphone in order to administer or sell the D apartment, which is one of his dwellings located in the Geum-gu Busan Metropolitan City, for the purpose of selling it to others; and (c) acquired raw materials, manufacturing methods, etc. necessary for the manufacture of a penphone, by entering the search language called 'meth' into the Internet E site.

Then, the Defendant tried to manufacture a penphone by mixing ethyl et al. with ethyl et al., nitrogen, aluminium, fishery hexium (alkyl chloride) and rithium he prepared in advance by putting about 200 ephoids into a glass container, which is a drug containing pyphine, which is a source material necessary for manufacturing pyrophones, in the above dwelling area, and mixing with ethyl et al. (al., al., al., al., al., al., al., al., al., al., al., al., al.s., however, the Defendant did not actually manufacture a penphone on the wind of mixing al.e., al., al., al., al

Accordingly, the defendant did not intend to manufacture philophones but attempted to do so.

2. At around 03:00 on August 9, 2017, the Defendant administered phiphones by inserting approximately 0.03g of phiphones into a single-use cell in his/her dwelling room, dilution with water, and in the way of injecting them into the spphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure;

1. Each investigation report (the attachment of evidence photographs, whether there exists any danger of the result of manufacturing phiphonephones, results of analysis of digital evidence of mobile phones, and calculation of additional collection charges);

1. Each statement of narcotics appraisal [in light of the statement of opinions, etc. submitted by the defense counsel, the defendant was in a state of mental disorder at the time of committing the instant crime;

There is room to regard it as assertion.

The diagnosis document attached to the Defendant’s statement.

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