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(영문) 서울중앙지방법원 2012.07.26 2012고단944
마약류관리에관한법률위반(향정)
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who was sentenced to four months of imprisonment for a violation of the Act on the Control of Narcotics, etc. in the Daejeon District Court on June 12, 2009 and completed the execution of the sentence in the Daejeon Prison on July 26, 2009.

Despite the fact that the Defendants were not the authorized person handling narcotics, the Defendants handled the psychotropic drugs Mesacule (hereinafter referred to as “philopon”) as follows:

1. On October 12, 201, Defendant A received approximately 0.2 gram of philophonephones contained in transparent vinyl from E in the Defendant’s vehicle standing in the vicinity of the Gwanak-gu Seoul Special Metropolitan City D Tunnels and received them.

2. Defendants’ criminal conduct

A. On October 201, 201, the Defendants 20:00 come to a guest room in Ansan-si, 201, with approximately 0.03g of philophones, which the Defendants were in possession of Defendant A, put about approximately 0.03g of philophones in glass and dilution them with water, and Defendant B was mathed, and Defendant A continued to put about 0.03g of philophones into a single-use injection machine and dilution them with aquatic water, and administered them in a way of injection into a single-use serum.

Accordingly, the Defendants conspired to administer philophones.

B. On February 7, 2012, the Defendants: (a) around 22:00, the G building No. 405 at the residence of Defendant A in Ansan-si; and (b) as seen above, Defendant B administered approximately 0.03 grams of philophonephones possessed by Defendant A, respectively, by means of injection.

Accordingly, the Defendants conspired to administer philophones.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police interrogation protocol against the Defendants

1. Request for appraisal, reply report and statement on narcotics appraisal;

1. Previous convictions indicated in judgment: Criminal records, inquiry into criminal records, the current status of personal identification and confinement, and application of Acts and subordinate statutes to report additional collection charges;

1. Article 1 of the Act on the Control of Narcotics, Etc. and Article 10 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011)

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