Text
Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. Defendant A was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on August 18, 2010 and completed the execution of the said sentence on February 13, 2012, and is not a narcotics handler.
On August 20, 2012, at around 22:00, the Defendant provided a psychotropic drug-related Mexacop 306, E (criminal prosecution on November 22, 2012) with approximately 0.03g of psychotropic drugs-related Mexacop (hereinafter referred to as “ponopon”), and the Defendant also provided approximately 0.1g of Handphones in a single-use injection machine, and administered them by means of inserting them into his own arms.
B. At around 23:00 on November 2, 2012, the Defendant provided 3:00 the philoud 306, E with approximately 0.03g of philopon, and the Defendant also provided 0.1g of philopon in a single-use injection machine, and administered it by means of melting it in his/her arms.
C. At around 00:00 on December 7, 2012, the Defendant injected approximately 0.1g of philophones into a single-use injection machine at the residence of Pyeongtaek-si F, and injected them by melting them in water. D.
At around 10:30 on December 10, 2012, the Defendant received approximately 0.2 g of philopon, which was in custody in G, within the clopon car stopped in the vicinity of Pyeongtaek-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari
2. Notwithstanding that Defendant B is not a person handling narcotics, the Defendant administered philophones in a way that prompts a smoke that occurs by inserting the volume of philophones from the mutual influenite telephones located in the middle of the year of early May 2012 through early June 2012, and heating the bottom thereof into a string, using as soon as possible.
Summary of Evidence
[Defendant A]
1. Statement made by the defendant A in the first trial record;
1. Copies of prosecutor's and police interrogation protocol regarding E;
1. Among the police interrogation protocols Nos. 3 and 4 of Defendant A, the confirmation of the telephone call records of the base station;
1. As to Defendant B, Nos. 2 and 2.