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(영문) 서울중앙지방법원 2016.06.16 2015고단7911

마약류관리에관한법률위반(향정)

Text

1. As to the crime No. 1 of the judgment of the defendant A, two months of imprisonment, and as to the crime No. 2 of the judgment, the defendant B.

Reasons

Punishment of the crime

[Criminal Records] On December 18, 2014, Defendant A was sentenced to 8 months of imprisonment and 2 years of suspended execution for a violation of the Narcotics Control Act at the Seoul Central District Court on December 18, 2014, and the sentence became final and conclusive on December 27, 2014.

Defendant

B On June 2, 2014, he/she was sentenced to six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the District Court of the Republic of Korea on June 2, 2014, and was released on June 3, 2014.

[Criminal facts below the crime, the facts charged was cultivated in order of time, not in the order of the number of the case.

Even if the Defendants were not the narcotics handler, they dealt with the Metropha (one philophone, hereinafter referred to as the “philophone”) which is a local mental medicine as follows.

1. "2015 Highest 8253: Defendants;

A. Defendant A in collusion with Defendant B, from October 3, 2014 to October 13, 2013 of the same month, administered phiphones by infection or drinking the philophones.

B. Defendant B, in collusion with Defendant A, administered philophones by injecting or drinking philophones at the same time and at the same place as above A.

2. “2015 Highest 7911: Defendant A administered phiphones in collusion with J, within the guest room “Icom” 703 located in Hasan-si, Y around December 7, 2015, by having J in injection of phiphones into Defendant’s arms using a disposable injection device.

Summary of Evidence

1. Previous convictions: The Defendants’ replys to inquiries, such as each criminal history, and the current status of the identification and confinement of suspects.

1. Statement made by the police against Defendant A;

1. Status of individual entry or departure (B);

1. A copy of the written expert opinion on defense or a copy of the written expert opinion;

1. Each investigation report (number 9,53 in the list of evidence) and accompanying documents, and "2015 order 7911": Defendant A;

1. The respective legal statements of the defendant andJ;

1. Application of Acts and subordinate statutes as a result of narcotics appraisal;

1. Article 60(1)2 and Article 4(1) of the Act on the Management of Narcotics, Etc. for the sake of criminal facts and the selective punishment.