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(영문) 부산지방법원 동부지원 2017.04.26 2016고단2370
마약류관리에관한법률위반(향정)
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for one year;

(b)Provided, That the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Defendants are not narcotics handlers.

1. Defendant A

A. On May 22, 2016, at around 22:30, the Defendant purchased a one-time injection device containing approximately 0.18g of approximately 0.18g of the Mesophically mental medicine from F, in front of the E periodical, located in Busan D, with 20,000 won.

B. On May 23, 2016, 01:0 - At around zero, the Defendant put about approximately 0.09g of philophones purchased from H’s office located in Changwon-gu, Changwon-gu, Changwon-si, Changwon-si, with the foregoing paragraph 1-A, into a single-use injection machine, and dilution with water, and administered philophones by means of injection into the Defendant’s arms.

(c)

On May 23, 2016, at the gas station office as described in the above 1-B around 01:05, the Defendant put about approximately 0.09g of philophones remaining after being administered as described in the above 1-B at the gas station office as described in the above 1-B, into a single-use injection machine, and dilution with water:

B A free of charge delivered philophones to B by putting them up on the side of B.

2. Defendant B

A. On May 23, 2016, at around 01:05, at the gas station office listed in the above-mentioned 1-B(b), the Defendant received a one-time injection device with approximately 0.09g slopon from A without compensation, for the same reasons as the above 1-B(c).

B. On May 23, 2016, at around 22:00, the Defendant administered a single-use injection device, which was delivered to the Defendant’s arms, under the same circumstance as the above 2-A, at the gas station office as the above 1-B, around May 23, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. The application of Acts and subordinate statutes to each written request for appraisal, made by each party to a written request for appraisal;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

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