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(영문) 창원지방법원 통영지원 2019.05.02 2019고단160
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for eight months.

However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendants are not persons handling narcotics, the Defendants treated narcotics as follows:

1. Defendant A

A. On January 13, 2019, the Defendant: (a) received a request from a policeman C to seek Mescoptyes (hereinafter referred to as “Handphone”); (b) accepted such request; (c) around 19:48, Jan. 9, 2019, at the E karaoke machine located on the first floor of the D D D D D D D D D, with a cash of KRW 50,000,000 in cash, and 1.2g of the phone in a lucop; and (d) around 20:54, Jan. 13, 2019, the Defendant received KRW 1.2g of the Rophonephone from the said F from C and G, and received KRW 50,000,000 in cash.

Accordingly, the defendant assisted the trade of philophones between F and C, and G.

B. At around 01:00 on February 10, 2019, the Defendant administered 0.03 g of philopon, which was provided by F in the above E K K K practice room, by dilution with beer and drinking.

2. At around February 9, 2019, Defendant B administered 0.03 g of philopon, which was provided by F at No. 8 of the above E K K-based singing practice room, in a dilution to a coffee, by dilution.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of each protocol of suspect examination of the police against F;

1. Each report on the results of appraisal;

1. An appraisal report;

1. E CCTV-fashing photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the points of arranging the transaction of psychotropic drugs and administering them), Defendant B who selects imprisonment: Articles 60 (1) 2 and 4 (1) 1, and subparagraph 3 (b) (the points of administering psychotropic drugs) of Article 2 of the Act on the Control of Narcotics, Etc.;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Probation and community service order Defendant B: Criminal Act;

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