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(영문) 인천지방법원 부천지원 2017.02.28 2016고단3429
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 six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendants are not narcotics handlers, and Metropha (one philopopon; hereinafter “philopon”) are local mental drugs.

1. Defendant A

A. On May 2016, the Defendant, at the office located in Seocheon-si, Seocheon-gu, Seocheon-gu, D, put the volume of phiphones into a single-use injection machine, added the volume of philophones into a living water, and administered philophones by injection into the left part of the Defendant’s blood cells.

B. On June 1, 2016, at around 22:00, at the office of a non-use container located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, the Defendant provided Defendant B with the philoopon volume (two-time medications) contained in the single-use injection vehicle, and at another container office located adjacent to the above container office, G with the phiopon volume (one-time medications) contained in G free of charge.

2. Defendant B received 1-b. At the time and place described in paragraph 1-b. At the same time and place, Defendant B provided 1-B, as described in paragraph 1-b., Defendant A without compensation, with a philopon volume (two philopon volume).

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning interrogation of the police in relation to G (list 1, 2, 17, 24);

1. Information about transaction details (List 4), appraisal (List 26), telephone number (List 28);

1. Each investigation report (List 27,51);

1. Each protocol of seizure and list of seizure (lists6, 7, 21, 22, 30, 31);

1. Application of photograph (List 18) Acts and subordinate statutes;

1. The punishment provided for in Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the crime and the Selection of Punishment; and the imprisonment provided for in Articles 60 (1) 3 and 2;

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

1. Defendant B of suspended execution: Article 62 (1) of the Criminal Act (It appears that the confession, reflect, or the same criminal record does not exist, or that it does not reach other relevant crimes, such as administering, administering, etc., a single-time crime by the first instance);

1. Protective observation and community service order Defendant B: Article 62-2 of the Criminal Act;

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

1. Article 334 of the Criminal Procedure Act provides for the provisional payment order.

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