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(영문) 수원지방법원 2016.11.17 2016고단6118

마약류관리에관한법률위반(향정)

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

The Defendants, who are not authorized to handle narcotics, did not trade, assist in the trade of, give or receive, possess, possess, use, manage, prepare, administer, administer, or provide psychotropic drugs. However, the Defendants traded, or administer “Yabab” containing Meaminic ingredients as follows.

1. Defendant A (one-person “D”)

A. On June 16, 2016, around 23:00, the Defendant: (a) received 50,000 won from G and sold “Y” at the accommodation of G located in Ansan-si E; and (b) “F” at the second floor of the container container household building.

B. The Defendant administered the medication in such a way as to influent the fluencies, which occurred as soon as possible by heating the bottom part of the medication at a time, at the same time and at a place as in the preceding paragraph, one of the brush possessed by himself, and in such a way as to inhale the brush in large shape.

2. At around 02:00 on June 17, 2016, Defendant B (one’s name “H”) administered the Defendant in a way that inhales as a paper that was made in the shape of a prompt large-scale shape by cutting down the bottom part of “Y” from a male toilet in Ansan-si, a member I, “J” and “J” male toilet in the public park, and in a way that inhales it into a string-type, a string-type.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Protocol concerning the examination of suspect of G;

1. Statement of the police statement to K;

1. Police seizure records, list of seizure and reports on requests for appraisal;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following favorable circumstances):

1. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;