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(영문) 창원지방법원 2018.02.06 2017고단4168
마약류관리에관한법률위반(향정)
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who is not a narcotics handler shall not administer, sell, or possess Mebacule (one philophone, hereinafter referred to as “philophone”), which is a local mental medicine, and the Defendants are not the narcotics handler.

1. Defendant A

A. On November 30, 2017, at around 21:00, the Defendant: (a) put about approximately 0.03g of philopon into a coffee 201 unit operated by the Defendant located in Busan Young-gu, and administered it by melting it into a coffee.

B. On December 3, 2017, around 08:00, the Defendant: (a) received cash of KRW 400,000 from B from the Defendant’s house located in the Busan Young-gu F; and (b) sold 0.6g philophones contained in a single-use injection machine.

(c)

On December 5, 2017, the Defendant: (a) around 12:10 on December 5, 2017, in a Gro-ro space between the driver’s seat of the vehicle in body and the airbox, which contained approximately 0.6g of philopon in a paper tape, carried them.

2. Defendant B

A. On December 4, 2017, at around 00:0, the Defendant injected approximately 0.03g of philopon contained in a single-use injection machine at the Defendant’s house located in Sungwon-si H and 102, and administered it by means of injecting the left hand, etc.

B. On December 4, 2017, at around 14:00, the Defendant possessed approximately 0.30 g of philopon contained in the 607 G hotel 607 ml, in liquid form, in the form of liquid melting the number of aquatic organisms in approximately 0.4ml, which are contained in three for a single-use injection instrument in the form of liquid, 0.03g of philopon contained in the paper paper, and 0.30g of philopon contained in the part of a single-use injection instrument.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written appraisal of each drug;

1. Investigation report (the result of appraisal of seized articles);

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Defendants of the relevant legal provisions and the choice of punishment for criminal facts: Articles 60(1)2 and 4(1)1 and 2 subparag. 3(b) of the Narcotics Control Act (the choice of each imprisonment with prison labor), respectively;

1. Aggravation concurrent crimes;

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