beta
(영문) 서울중앙지방법원 2016.10.06 2016고단5026

마약류관리에관한법률위반(향정)

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for ten months;

2. However, in respect of Defendant B, this paragraph is applicable.

Reasons

Punishment of the crime

Even if the Defendants were not narcotics handlers, they dealt with psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

1. On June 2016, at the E hotel located in Songpa-gu Seoul Metropolitan Government around 01:30, the Defendants injected approximately 0.06 grams of opononon into Defendant B’s arms using a single-use injection device, and continuously injected approximately 0.06 grams of opononon into his arms.

2.(a)

On July 17, 2016, at around 19:00, the Defendants administered approximately 0.06 grams jointly in the Songpa-gu Seoul Metropolitan Government F, G hotel 407, and 0.06 grams in the same manner as the above 1.

B. At around 22:00 on July 17, 2016, the Defendants administered approximately 0.06 grams in the same manner as the above 1.1.

C. On July 17, 2016, the Defendants: (a) around 23:00, around G hotel No. 407; and (b) Defendant B supplied Defendant A with approximately 0.02 gramopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopop

3. Defendant A is located in Jongno-gu Seoul, Jongno-gu, Seoul around 09:0 on July 18, 2016, No. 301, and the foregoing 2-C.

As stated in paragraph (1), a disposable injection containing approximately 0.02g of philophones, which has been carrying a philophone, has been carrying a philophone.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 40, 41, 42, 43 of the evidence list) and accompanying documents;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act (limited to the joint administration of philophones), and the choice of imprisonment with prison labor for the crime;

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

1. Suspension of execution (Defendant B) Criminal Act;