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(영문) 서울동부지방법원 2018.06.28 2018고단663
마약류관리에관한법률위반(향정)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person other than a narcotics handler shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, give or receive, trade, arrange for trade of, or provide narcotics or psychotropic drugs, and the Defendants are not the handlers of narcotics.

1. On January 1, 2016, Defendant A, at G intersection located in Gangnam-gu Seoul Metropolitan Government F around 16:00, melted Defendant A with a meconium (tentatively referred to as “prophonephone”), which was purchased by H around that time, with a meconium (tentatively equivalent to 0.05g in daily medication) in a single-use meconium, and then injected Defendant A with a meconium.

As a result, Defendant A administered a total of seven times as shown in the first list of the following crimes, including the medication of tampers who are not a handler of narcotics, etc., and the quantity of tampers, which is a local mental medicine.

2. Around July 31, 2016, Defendant B she was well aware of, and administered with, Jcom in Songpa-gu Seoul, Songpa-gu, Seoul. A around that time, Defendant B injected 0.05g of the Meptamina 0.05g, which the Defendant had sought, into a disposable injection machine, and injected the Defendant’s arms into the Defendant’s arms.

As a result, Defendant B administered a total of twice as shown in the second list of crimes, including the dose of tampers, who are not a handler of narcotics, and administered the tampers twice in total.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of H by the prosecution;

1. Copy of each protocol concerning the examination of suspect of the police to K;

1. Investigation report (states of suspect A's hair and results of appraisal);

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

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Each collection;

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