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(영문) 수원지방법원 2020.05.08 2019고단7538
마약류관리에관한법률위반(향정)
Text

Defendant

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

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

Reasons

Punishment of the crime

The Defendants, even though they are not the narcotics handler, dealt with the psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”), as follows:

1. On May 22, 2019 or around 23:00 of the same month, Defendant A purchased phiphones, from the toilets of “DB club” located in Suwon-gu, Suwon-si, Suwon-si, Defendant: (a) paid KRW 300,00 to the sellers of phiphones; and (b) received the volume of phiphones from the toilets of “DB club” located in Suwon-si, Suwon-si; and (c) received the volume

Accordingly, the defendant purchased philophones.

2. On May 24, 2019, the Defendants: (a) inserted approximately 0.03g of philopon into the arms of Defendant B and continuously injected 0.03g of philopon into the arms of Defendant B in the same manner as the philopon was in motion around 22:00; and (b) inserted approximately 0.03g of philopon into the philopon into the arms of Defendant B.

Accordingly, the Defendants conspired to administer philophones.

3. At around 01:00 on May 26, 2019, Defendant A injected approximately 0.03 g of phiphones into a single-use injection machine, and dilution them into arms at the Defendant’s residence located in F of the wife population in Young-si.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Application of Acts and subordinate statutes to a criminal report (A dives and dives and appraisal results), investigation report (B dives and dives and appraisal results);

1. Defendants: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, and Article 30 of the Criminal Act, the Defendants’ choice of punishment of imprisonment

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

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants on probation and order to attend lectures: Article 62-2 of the Criminal Act;

1. Additional collection Defendants: the proviso of Article 67 of the Narcotics Control Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

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