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(영문) 서울중앙지방법원 2013.12.05 2013고단6772
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants, who are not authorized to handle the psychotropic drugs, dealt with the following philophones and the hemp plants, even though they cannot handle the psychotropic drugs, megaphones (hereinafter referred to as the "clophones") and marijuana:

1. At around 15:00 on September 201, 2013, the Defendant received, without compensation, marijuana leafs, which 0.5 grams from F in front of the home fluor in the new and new ditch-gu Seoul Metropolitan Government (hereinafter referred to as the “Defendant A”).

2. Joint crimes between Defendant A and Defendant B

A. On September 18, 2013, at around 18:00, the Defendants committed the crime of smoking marijuana: (a) in the residence of Defendant B located in Seoul G 101; (b) in the case of Defendant B, the pipe was created by Defendant A as coding day; (c) attached a pipe to the hemp day; and (d) 0.5 grams of the hemp plant received as above, and dysnished by having the smoke spread.

Accordingly, the Defendants conspired to smoke marijuana.

B. The Defendants, at around October 16:30, 2013, knew about 0.08g of philophones, which were loaded in the Defendant A’s vehicle, attempted to administer the philophones together, and Defendant B divided into two half of the one-time injection equipment. The Defendants included tap water in the single-use injection equipment and melted the philophones into one-time injection equipment and then injected into one’s own arms.

Accordingly, the Defendants conspired to administer philophones.

Summary of Evidence

1. Defendants’ legal statement

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

1. Police seizure records;

1. Application of the Acts and subordinate statutes to each investigation report, the preliminary investigation report on narcotics, and the results of appraisal of narcotics;

1. The Defendants of relevant criminal facts: Articles 60 (1) 2, 4 (1) 1, 2 subparagraph 3 (b), and 61 (1) 4 (a) and 3 subparagraph 10 (a) of the Criminal Act, Article 30 of the Criminal Act concerning the control of narcotics, etc.;

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

1. All the Defendants are subject to suspended execution.

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