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(영문) 창원지방법원 2016.11.15 2016고단3448
마약류관리에관한법률위반(향정)
Text

The defendant A shall be punished by imprisonment for one year.

300,000 won shall be additionally collected from the defendant.

Defendant I.

Reasons

Criminal facts

No person other than a person handling narcotics shall provide or administer psychotropic drugs.

Despite the fact that the Defendants were not the authorized person handling narcotics, the Defendants provided and administered the psychotropic drugs-related Mesofts (i.e., a single philophone; hereinafter referred to as “philophones”) as follows:

1. Defendant A

A. On February 18, 2016, the Defendant offered a passenger car and a 0.03 g-phone to M, which was parked in the vicinity of the Lway branch located in K at the Changwon-si, Changwon-si.

B. On October 8, 2016, the Defendant: (a) around 18:25, 2016, the Defendant provided Quuuol car driven by the Defendant who was parked on the Pelon in front of the pelon located in the Pelon-gu Pelon-si O, Changwon-si, and offered I with 0.03 gopon-phone.

C. On October 11, 2016, the Defendant, around 20:0, 2016, injected Saox, or male toilets on the fourth floor of Masan-si R, Changwon-si, with approximately 0.03g of philophones, and injected them on the Defendant’s left part.

2. On October 8, 2016, around 18:30, Defendant I injected approximately 0.03g of philophones received from A with raw water and administered them on the left part of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor or police suspect interrogation protocol against the Defendants

1. Each prosecutor or police interrogation protocol of M;

1. Each protocol of seizure;

1. A written appraisal of each drug;

1. Each photograph;

1. Application of Acts and subordinate statutes to each investigation report (calculated additional charges);

1. Article 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. - Defendant I: Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc.

1. Selection of each sentence of imprisonment;

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

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

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