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(영문) 의정부지방법원 2016.05.02 2016고단700
마약류관리에관한법률위반(향정)등
Text

1. Defendant A shall be punished by imprisonment for four months.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to imprisonment with prison labor for eight months at the Seoul Central District Court on February 21, 2013 for a violation of the Narcotics Control Act, and completed the execution of the imprisonment with prison labor at the Seoul Detention Center on August 11, 2013.

On November 25, 2015, Defendants filed an appeal after being sentenced to one year and six months of imprisonment and 8.840,000 won of penalty surcharge (Defendant A) and ten months of imprisonment and penalty surcharge of 400,000 won (Defendant B), respectively, for a violation of the Narcotics Control Act at the Jung-gu District Court on November 25, 2015, but the appeal was dismissed by this Court on March 23, 2016, and this judgment became final and conclusive on March 31, 2016.

[Criminal facts]

1. Defendant A

A. A. On August 2014, the Defendant, even though not a handler of narcotics, administered a psychotropic medicine in a non-fluorial telephone in Seo-gu, Daejeon, Seo-gu, Daejeon, around 21:00, by dilutioning approximately 0.05g of mecopic clopon (hereinafter “copon”; hereinafter referred to as “propopon”), which is a mecopic mental medicine, which is a part of a single-use injection device, into the mecopic d’s left part, and injection it into the bloodline of D.

2) On September 20, 2014, the Defendant, who is not a narcotics handler, administered a psychotropic drug in a way of injecting approximately 0.05g gramopon 0.05g of philophones contained in the disposable injection machine into the bloodline of D by dilutioning it into aquatic water.

3) On October 2014, the Defendant, who is not a narcotics handler, administered a psychotropic medicine in a way that 50,000 won in cash from D, and 0.05g philophonephones contained in a disposable injection machine, dilution into aquatic water and injection into D’s left left bloodline, in the absence of 22:00 on October 201, 201.

4) Even if the Defendant is not a narcotics handler, the Defendant received KRW 50,000 in cash from D within a passenger car parked in the same place as that set forth in the first order of November 2014 and received KRW 22:0 in cash at the same place as that set forth in paragraph (2).

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