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(영문) 서울중앙지방법원 2016.11.17 2016고단7362

마약류관리에관한법률위반(향정)

Text

Defendants shall be punished by imprisonment for one year.

However, the defendant B shall be above three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 3, 2015, Defendant A sentenced Defendant A to imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon District Court on September 3, 2015, and completed the execution of the sentence on September 8, 2016.

【Criminal Facts】

Even if the Defendants were not the persons handling narcotics, they dealt with the psychotropic drugs-related Metephaculty (tentatively referred to as “philopon”; hereinafter referred to as “philopon”) as follows.

1. At around 17:30 on September 2016, the Defendants’ co-offendered the Defendants’ co-offendered, in the residence of Defendant B located in Gwangjin-gu Seoul Special Metropolitan City (Seoul), divided approximately 0.1g of philopon into two for a single-use injection instrument, dilution with water, and jointly administered philopon into their arms, respectively.

Part of the indictment shall be arranged as the charge

2. Defendant A

A. On October 2016, 2016, the Defendant administered a philophone in a manner of inserting approximately 0.05 grams in the Defendant’s car parked in front of the F Station located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and dilution with water within the Defendant’s car parked in the front of the F Station located in Yeongdeungpo-gu, Seoul, on a first-come first-served date on October 10, 2016.

B. On October 10, 2016, around 16:30 on October 10, 2016, the Defendant administered opphones by inserting approximately 0.05g opphones into a single-use injection machine and dilution them with water within the Defendant’s car parked on the street in front of the Seongdong-gu Seoul Metropolitan CityG market, and then administering opphones by means of injection into his own arms.

3. Around October 22, 2016, Defendant B administered phiphones by inserting approximately 0.05g phiphones into a single-use injection machine, dilution them with water at his own dwelling located in Gwangjin-gu Seoul Special Metropolitan City around October 10, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. A written appraisal;

1. Seizure records;

1. Investigation report (related to the entry of information, and training of philophones as a result of suspect B dives appraisal);

1. A previous conviction in judgment: