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(영문) 부산지방법원 동부지원 2018.09.05 2018고단1449
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

500,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 28, 2017, from 19:00 to 20:00 on the same day, the Defendant administered the Defendant’s arms using approximately 0.07 g of the mematic drugs (one penphone, hereinafter referred to as the “philopon”) at E’s house located in the north-gu Busan apartment C apartment, Busan, using a disposable injection machine.

2. On July 30, 2017, at around 23:00, the Defendant injected approximately 0.07 gopon into the Defendant’s arms in the same manner as Paragraph 1, at the same place as Paragraph 1, and injected approximately 0.07 gopon into the arms of the above E incopon that is not suitable due to visual surgery.

The Defendant administered philophones and administered philophones in collusion with E.

3. On July 31, 2017, at around 10:00, the Defendant injected approximately 0.07 gopon into the Defendant’s arms in the same manner as Paragraph 1, at the same place as Paragraph 1, and injected approximately 0.07 gopon into the arms of the above E incopon that is not suitable due to visual surgery.

The Defendant administered philophones and administered philophones in collusion with E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of the police interrogation of the accused (including cross-examination of the E);

1. Copy of the police interrogation protocol regarding E;

1. Copies of response to each request for appraisal, copies of notification of the results of legal and chemical appraisal and appraisal;

1. Seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of 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. under the relevant Act on criminal facts;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] : (a) the basic area (from October to two years) of the three types (the period from 10 to 2 years) of the Act on the Management of Narcotics, Etc. ; (b) the defendant is punished by imprisonment with prison labor for the same crime at the Busan District Court on December 27, 2013; and (c) the defendant is punished by imprisonment with prison labor for the same crime at the Busan District Court.

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