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(영문) 수원지방법원 안양지원 2016.01.21 2015고단1052

마약류관리에관한법률위반(향정)

Text

Defendant

A Imprisonment with prison labor of one year and eight months, and Defendant B shall be punished by imprisonment with prison labor of two years.

The seized mobile phone (T&N) is a mobile phone.

Reasons

Punishment of the crime

Defendant

A on November 29, 2013, after being sentenced to a two-year suspension of execution on December 7, 2013 for a violation of the Narcotics Control Act at the Suwon Franchising Board, the sentence was finalized on December 7, 2013. Defendant B was sentenced to a violation of the Narcotics Control Act at the Daegu District Court on January 24, 2014 and completed the execution of the sentence on March 16, 2015.

1. To the extent that the identity of the Defendants’ joint facts charged is recognized, and that there is no concern about the Defendants’ exercise of their right to defense, the amendment of indictment in part of the facts charged shall be amended and supplemented.

Defendants are not narcotics handlers.

Defendants on June 28, 2015, in front of the “F” located in Speaker City E, on the street around 20:20 on June 28, 2015, Defendant B received KRW 10 million from G, and Defendant A received KRW 10,000,000 from Defendant A, and Defendant B transferred approximately KRW 50,000 to Defendant B, and Defendant B granted approximately KRW 50,000,000,000 to Defendant B, Defendant B granted the right to make a statement on this phiphone to G.

Accordingly, the Defendants conspired to sell philophones to G.

2. Defendant B

A. On July 2, 2015, at around 22:00, the Defendant injected approximately 0.03g of philopon into a single-use injection machine at the mutual microscope room opened Guro-gu Seoul Metropolitan Government, and injected it once by injection into one’s left arms.

B. Partial supplement of the facts charged without following changes in indictment to the extent that it is deemed that the identity of the facts charged is recognized and that there is no risk of substantial disadvantage to the defendant's defense right.

On July 3, 2015, the Defendant: (a) around 18:55, the Defendant: (b) 30g of a philopon contained in the plastic finite which was parked in the front of the car of A in front of H, and (c) approximately 3.57g of a philopon contained in a folder located in the lower seat of the same car, and (d) 3.57g of a philopon contained in a folder located in the lower seat of the same car.