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(영문) 부산지방법원 동부지원 2019.07.25 2019고단910
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Sale and purchase of phiphones;

A. On November 30, 2018, the Defendant: (a) on November 30, 2018, at Coksan Branch located in Busan Metropolitan City, the Defendant: (b) reported an advertisement that “the sales of phiphonephones” posted on the Internet bulletin board; (c) contacted the person under whose name the psychotropic drugs are psychotropic drugs in order to purchase the Mesopha (hereinafter “philophones”); (d) sent the purchase price of 450,00 won of philophones to the EF account in the name of E (G) that is used by the person under whose name the buphones are not the narcotics payment account; and (d) purchased Rophones by means of bringing about 0.5g of philophones contained in the transparent plastic bag from the Don-dong, Busan Metropolitan City on the same day at around 21:30.

B. On December 15, 2018, around 18:33, 2018, the Defendant purchased phiphones in the first place in Busan Dong-gu, Busan, by means of the foregoing method to transfer the purchase price of 4.50,000 won of phiphones to the EF account in the name of E (G) used by the seller of phiphones for the narcotics payment account. At around 20:00 on the same day, the Defendant purchased phiphones by means of bringing 0.5 g of phiphones contained in a transparent plastic bag at the bottom of the Do-dong, Busan, Busan.

2. At around 01:00 on March 9, 2019, the Defendant administered phiphones by inserting 0.05g of phiphones purchased from a person with no personal identity into a single-use injection instrument and dilution them into the body of blood.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to K;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to CCTV photographs of financial institutions, CIF data, narcotics appraisal reports, and investigation reports (calculated additional charges);

1. Purchase and medication of phiphones under 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 the Fact-finding and the Selection of Punishment;

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