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(영문) 서울남부지방법원 2017.09.06 2017고단3783

마약류관리에관한법률위반(향정)

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who was sentenced to imprisonment for 8 months with prison labor for a violation of the Narcotics Control Act in the Seoul Southern District Court on December 7, 2016 and was sentenced to 2 years of suspended execution on December 15, 2016, and is currently under suspended execution.

Defendants are not narcotics handlers.

1. On July 2017, the Defendants: (a) posted approximately 0.05 g of the mematic drugs at G hotel near the F Station located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu; (b) 2 disposable injection machines; and (c) marcule, each local mental medicine, into approximately 0.05 g of the mematic drugs; and (d) injected the mecule with the Defendant and the Defendant, respectively.

2. On July 20, 2017, the Defendants posted “I” contact 201 and 2 of the disposable-ro H located in Namyang-si, Namyang-si, each of which was 0.07g philop, and Defendant B injected in the same manner as the Defendant B provided.

3. On July 21, 2017, the Defendants inserted the places described in paragraph 2, two disposable dialphones in two 0.05g each page, and Defendant B injected in the same manner as paragraph 1.

4. On July 22, 2017, the Defendants included 602 of the J building in the Defendant B’s residence located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, in two disposable injection equipment, each of which is 0.05g gramphones, and Defendant B injected in the same manner as that of paragraph (1).

Accordingly, the Defendants conspired to administer philophones more than four times.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. The Defendants of the relevant criminal facts: Articles 60(1)2 and 4(1)1 and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.; Article 30 of the Criminal Act

1. Imprisonment with prison labor chosen;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B: Article 62-2 of the Criminal Act;

1. The Defendants: Article 67 of the Narcotics Control Act.