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(영문) 서울중앙지방법원 2014.05.22 2014고단2256
마약류관리에관한법률위반(향정)
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

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

Reasons

Punishment of the crime

1. On April 5, 2014, the Defendants co-principaled the Defendants: around 23:00, at the entertainment room located in Gwanak-gu in Seoul Special Metropolitan City, 605 EM, containing approximately 0.05 grams of psychotropic drugs (one philopon; hereinafter referred to as “philopon”) that were received without compensation from F, in two for a single-use injection machine, containing approximately 0.05g of psychotropic drugs that were received from F, and then Defendant A injected the philopon into arms, and Defendant B injectedd the chil.

Accordingly, the Defendants conspired to administer philophones.

2. At around 00:00 on April 8, 2014, Defendant A included approximately 0.05g of philopon 605 pacton philopon from F, Defendant A’s sole criminal conduct in a disposable injection machine containing approximately 0.05g of philopon, recorded philopon into the Defendant’s arms.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendants’ legal statement

1. Prosecutorial suspect interrogation protocol against the Defendants

1. The result of the examination of summary reagents against Defendant A (Evidence Nos. 4);

1. Investigation report (in the order of the State and the result of hydroologic appraisal), (6)

1. Investigation report (the number of suspects B);

1. A self-denunciation;

1. A criminal investigation report (calculated and reported on an additional collection charge);

1. The application of Acts and subordinate statutes on drillings (A), including a further reply, solicitation, etc.;

1. The criminal facts of Article 1 of the Act on the Control of Narcotics, etc.: The criminal facts of Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act (the appointment of imprisonment with prison labor): Articles 60 (1) 2 and 4 (1) 1 and subparagraph 3 (b) (the appointment of imprisonment with prison labor) of Article 60 (1) of the Act on the Control of Narcotics, etc.;

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

1. Defendant A including days of pre-trial detention: Article 57 of the Criminal Act;

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

1. Additional Defendants: Grounds for sentencing under the proviso to Article 67 of the Narcotics Control Act;

1. Defendant A (the scope of recommendation) is a special mitigation factor from June to March 2.

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